
Class L-Ol^T. 



Book. 






DIGKST OF LAWS 



RELATING 10 



Free Schools 



v f* ' IN THE 

X 


STATE OF ARKANSAS 



# 



FORMS FOR USE OF SCHOOL OFFICERS. 



PUBLISHED BY AUTHORITY. 

IB l— 



A. M. WOPDRUFF, STATE PRINTS.'. 



^ft/. 



1885. 



/ 



DIGEST OF LAWS 



37 



RELATING TO 



Free Schools 



\ 



^ x 



^r 



INT THE 



STAT, 




SAS, 



FORMS FOR USE OF SCHOOL OFFICERS 



PUBLISHED BY AUTHORITY. 



LITTLE ROCK : 

M. WOODRUFF, STATE rRINTKR, 

1885. 






1 1909 



V 



d 



CHAPTER CXXXY 



OF 



N; 



Section. 

free schools — support of. 
Gl 19. The state ever to maintain free schools ; 
who may receive gratuitous instruction. 

6120. State taxes for support of ; limit; per cap- 

ita tax ; additional taxation may be in 
school districts ; limit. 

COMMON, SCHOOL FUND. 

6121. What moneys and other property consti- 

tute this fund ; to be invested. 

6122. Income of fund and per capita tax, how 

appropriated. 

6123. Auditor to draw warrant on treasurer for 

school revenues due the counties, when. 

6124. County collector to collect per capita tax 

and pay into county treasury, when and 
how. 

COLLECTION CF CLAIMS DUE COMMON SCHOOL 

FUND. 



6125. 
6126. 
6127. 
6128. 

6129. 



6130. 
6131. 



6132. 
6133. 



Money, notes, etc., in hands of certain per- 
sons to be turned over to collector. 

Before receiving collector to give bond; 
commission for collecting. 

Collectors to keep same, subject to order of 
commissioners of fund. 

Collector ; punishment for failing to de- 
liverer for embezzling moneys, etc., of 
the fund. 

Collector failing to deliver on order of com- 
missioners of fund to be presented to 
grand jury; failure to present a misde- 
meanor. 

Interest; rate of, on dues to the fund. 

Counsel may be employed in collection of 
claims of the fund, when ; compensation. 

Debts due the fund by estates preferred. 

No costs to be charged in suits for dues to 
the fund, when. 



Section. 

commissioners of school fund. 

6134. Board of commissioners, who compose ; 

when and where to meet. 

6135. Governor to be president of board. 

6136. Superintendent of public instruction to be 

secretary and keep record of proceedings; 
copy of record to be evidence. 

6137. Board to invest fund in bonds. 

6138. Suits for moneys due the fund may be in 

any court , having jurisdiciion, when ; 
board may direct officer to prosecute 
suit. 

6139. All moneys accruing to the fund to be paid 

into treasury ; how paid out. 

6140. Auditor accountant tor board ; to make re- ' 

port when and to whom. 

6141. Auditor to draw warrants on the fund to 

pay for investments, when. 

6142. Treasurer to pay such warrants and keep 

in treasury all securities so purchased. 

6143. Board to make settlements with the stale 

treasurer, when. 

SUPERVISION OF PUBLIC SCHOOLS. 

6144. General assembly to provide officers for. 
Stale Superintendent of Public Instruction. 

6145. When elected. 

6146. Oath of. 

6147. To have general superintendence of the 

schools of the state. 

6148. Office to be at Little E,ock ; have all books, 

etc., of his department there, and of the 
business of his office keep a record. 

6149. 6150,6151,6152, 6153,6154,6155. Duties and 

powers of. 
6156. Report to Governor, when. 



SCHOOLS AND SCHOOL LANDS. 



Section. 

0157. Governor to transmit report to general 
assembly. 

6155. Superintendent to have bis reports pub- 

lished and distributed. 

6159, 6160, 6161, G162, 6163. Powers and duties; 
' further specification of. 

6164. Vacancy in office of superintendent, how 
filled. 

6'6o. Superintendent or examiner acting as book 
agent, or receiving pay for influence, 
guilty of misdemeanor. 

6166. Superintendent may grant slate certificates 
to any person passing examination. 

6iG7. May prepare list of textbooks and recom- 
mend same. 

6168. Impression of superintendent's seal of of- 
fice to be furnished to secretary of state. 

6:68. Documents, etc., in superintendent's office, 
how to be authenticated. 

6i70. To prepare forms for grades of certificates 
to teachers, school registers and reports 
of directors and examiners. 

scho:l districts. 

J3171. Boundaries of, county court may alter, 
when and how. 

617.'. School district ; name of ; corporate pow- 
ers. 

Ci 78. Hold its properly in corporate name. 

G!74. Number of residents of scholastic age re- 
quired for a district. 

617.". County court may form new districts or 
change boundaries, when. 

APPORTIONMENT OF SCHOOL FUNDS. 

6176. County court to apportion school revenue 
to the districts ; rule. 

0177. >"ew districts, when and how to be appor- 
tioned. 

6178. County examiners to report number of 

residents in each district. 

6179. County clerks to lay reports before the 

court. 

6IS0. Counties losing funds by change of bound- 
aries, to be reimbursed. 

6181. Amounts thus paid deducted from share 
of what counties. 

6132. Aud'torto draw warrant for county's share 
of school fund, when. 

COUNTY EXAMINERS. 

6183. How appointed, commissioned, etc. 

6184. Appointments heretofore made validated. 

6185. Oath of. 

6156. 6187. Duties and powers of, in examining 

and licensing teachers ; may levoke li- 
cense, when. 
6188. To issue three grades of certificates. 



Section. 

6189. To keep record of teachers licensed. 

6190. To encourage inhabitants to establish pub- 

lic schools ; report to state superinten- 
dent condition of schools in his county, 
etc. 

6191. Annual report of, what to contain. 

6192. To number the school districts and keep 

record and description of each. 

6193. May appoint 1 erson to hold institutes and 

examinations, when. 

6194. County superintendent's office abolished ; 

all books, papers, etc., to be received and 
receipted for by examiner. 

6195. County judge may remove examiner and 

appoint successor, when. 

6196. Examiner failing to perform required du- 

ties ; forfeiture. 

ANNUAL SCHOOL MEETING. 

6197. 6198. When held ; who may vote. 

6199. Qnorum ; routine of business. 

6200. Annual district election, how held ; judges 

and clerks of. 

6201. Ballot, form of ; returns, how made. 

6202. Result of election to be delivered to county 

clerk. 

6203. County court to open returns and determine 

amoitDt of taxes voted. 

6204. Taxes so voted, how levied and collected 

school directors. 

0205. When elected ; term of office. 

6206. Must rile acceptance, when and hew. 

6207. Oath of, who may admiuister. 

6208. 6209. Refusal to qualify as director, for- 

feiture ; failing to perform the duties of 
his office, forfeiture. 

6210. Vacancy in office of director, how filled. 

6211. Trustees perform duties of directors, when. 

6212. 6213, 6214. Directors, board of; duties and 

powers. 

6215. Month, meaning of, in school law. 

6216,6217,6218, 6219, 6220, 6221. Directors, board 
of, further specification- of duties and 
powers. 

6222. Warrant, dr.iwn by directors ; county treas- 
urer to pay. 

G223. Directors to give notice of annual schoo. 
meeting ; contents of notice. 

6224, 6225. Director, one to be clerk at ail district 
meetings, and keep record of proceed- 
ings, also to keep the yearly accounts of 
the district. 

G22C. Directors to report to county clerk the offi" 
cers elected and the amount of money 
voted at annual meeting. 

6227. Directors to report annually to county ex- 
aminer ; contents of report. 



SCHOOLS AND SCHOOL LANDS. 



Section. 

6228. Directors failing to make this report, liable 

in damages. 

6229. Directors to settle, annually, wiih county 

treasurer. 

6230,6231. Directors may suspend any pupil for 
cause ; may permit older persons to at- 
tend echool. 

62£2, 6233. County court may transfer scholars 
to an adjoining district, -when; regula- 
tions concerning such transfer. 

6234. Directors may permit private school to be 

taught in district school-house, when. 

6235. Directors may cause schools to be closed, 

when. 

6236. Directors and examiners exempt* from 

working on roads, and from jury service. 

6237. Neglect to report tax levied at annual meet- 

ing ; liability for loss ; fine. 

6238. Directors to furnish county clerk with list 

of all persons owning property in the 
district liabla to pay special tax, when. 

6239. Neglect of any duty under school laws, 

fine for. 

TEACHERS. 

6240. Must have certificate and license to teach, 

or not entitled to pay. 

6241. Must keep daily register. 

6242. Duty of, to attend the teacher's institute. 

6243. Not to permit sectatian hooks to be used in 

school. 

6244. How paid; preference of claim. 
6245: To return register, else pay stopped. 

TRESPASS ON SCHOOL HOUSES, ETC. 

6216. Injuring school-house, fixtures, etc., fine 
tor. 

SCHOOL WARRANTS — DISBURSEMENT OF FUNDS, 
ETC. 

6247. County collectors and treasurers not to be 
interested in school warrants. 

624?. District school tax payable in warrants of 
district. 

62-19. County treasurer to keep register of school 
warrants, how. 

6250. County treasurer to give notice of receipt 

of school funds; how such funds paid 
out. 

6251. Officer failing to comply with act, punish- 

ment. 

6252. Director fraudulently issuing warrant, 

punishment. 

6253. County treasurer to report school funds re- 

ceived by him, disbursements and bal- 
ance in treasury, when. 

6254. Orders of directors to be prevented to 

treasurer, or become void, when ; order 
of payment. 



Section. 

6255, 6256. If not paid, how indorsed ; presented 

to county clerk, who issues warrant 

therefor, when ; record of such warrants ; 

if not presented to clerk to become void, 

when. 

VIOLATION OF SCHOOL LAWS — DUTY OF PROSE- 
CUTING ATTORNEYS. 

6257. Prosecuting attorneys, when school laws 

are violated, to bring offenders to trial; 
compensation ; costs in such cases. 

SPECIAL ACT FCR SCHOOLS IN CITIES AND 
TOWNS. 

6258. Cities and towns may be special school dis- 

tricts. 

6259. 6260, 6261. Procedure to adopt the act and 

elect directors. 

6262. Directors ; oath; teims of office; vacancy 

occurring in board, how filled. 

6263. Board of directors, organization of. 

6264. Meetings of boald; quorum; board may 

make, rules for its own government. 

6265. 6266. Powers and duties of board. 

6267. Warrants on the county treasurer, how 

drawn and signed. 

6268. Secretary of board, duties of, compensation. 

6269. Title to all school property vested in city 

or town as a school district, and to be 
under control of directors. 

6270. Name of district ; corporate powers ; style 

of board. 

6271. Debts of former districts to be paid. 

6272. Directors failing to qualify or to perform 

their official duties ; penalty. 

6273. Board of visitors and examiners, how ap- 

pointed ; term of office ; appointee fail- 
ing to perform duties ; penalty. 

6274. Distr.ct to receive full share of school 

fund. 

6275. State superintendent to make suggestions, 

etc., to directors. 
3276. Provisions of the general school law, when 
to apply to special districts ; county 
court may annex contiguous territory, 
when. 

SALE OF SIXTEENTH SECTION. 

6277. On petition lands of the sixteenth section 

sold by collector. 

6278. 6279, 6280. Collector to divide section into 

tracts and make plat ; tract may be di- 
vided into village lots; sale of tracts to 
commence, where. 

6281. Appraisement. 

6282. Col ector to give notice of the day, place 

and terms of sale ; when and how. 



SCHOOLS AND SCHOOL LANDS. 



Section". 

6283. Sale to be by public auction ; hours ol 

sale; continuance of^sale ; terms. 

6284. Bidder failing to perfect bid, land resold, 

6285. Xo tract to be sold for less than three- 

fourths appraised value ; once offered 
and not sold, may be offered again with- 
out petition. 

6286. Until land paid for, purchaser not to eut 

timber except for improvements on the 
land : bond required. 

6287. Collector to report sales to coimty'court ; 

if confirmed, certificate to be executed. ; 
form of certificate : failure to pay, for- 
feiture : if sale rejected by court, money 
and notes returned. 

62SS. Collector, after costs paid, to deliver cash 
and notes to county treasurer ; compen- 
sation of collector ; treasurer to lend all 
such moneys ; terms of loans. 

G2S9. Treasurer to report, to county court amount 
of interest belonging to each township ; 
court to apportion it. 

6290. Treasurer, on failure of purchaser to pay 

notes, to notify collector ; collector to en- 
ter upon and sell the tract, unless. 

6291. On'full payment, collector conveys tract to 

purchaser. 
0292. Fees of county treasurer. 

6293, Commissioner of state lands to turn over 
to county clerks all books, "maps, etc., 
pertaining to the sixteenth sections ; all 
collectors to pay over to county treas- 



Section. 

urers all funds from the sale of the six- 
teenth sections. 

6294. Where county line runs through township, 

sheriff to pay over to each county treas- 
urer pro rata share of moneys from the 
sale of the sixteenth section. 

PATENTS. 

6295. Last assignee of certificate for school lands 

entitled to.deed, when. 

6296. Auditor to execute deed for school lauds B to 

heirs at law,'when. 

6297. Lands so conveyed to stand charged with 

amount advanced by estate to procure 
title. 

6298. Aitents issued, and all official acts done 

during the war concerning school lands, 
made valid. 

6299. Eights of the state, in such lands, acquired 

under judgment, etc , where deeds had 
been made to purchasers, ves'ed in the 
proper owners under such deeds. 

6300. Certain suits by the state for school lands to 

be dismissed. 
630!. Auditor to make deed for school lands paid 
for, and for which' no conveyance has 
been made. 

LEASE OF SCHOOL LANDS. 

6302. Collector to lease school lands, when. 

6303. Manner and terms of leasing. 

6304. Notice of leasing, how given. 

6305. Leased by private contract, when. 

6306. Occupants to pay rent. 

6307. Lessees, rules governing ; minimum rent. 



FREE SCHOOLS — SUPPORT OF. 



Section 6119. Intelligence and virtue beiug the safeguards 
of liberty, and the bulwark of a free and good government, the 
state shall ever maintain a general, suitable and efficient system 
of free schools, whereby all persons in the state, between the 
ages of six and twenty-one years, may receive gratuitous in- 
struction. 

Sec. 6120. The general assembly shall provide, by general 
laws, for the support of common schools by taxes, which shall 
never exceed in any one year two mills on the dollar on the 
taxable property of the state ; and by an annual per capita tax of 
one dollar, to be assessed on every male inhabitant of this state 
over the age of twenty-one years. Provided, the general assem- 



SCHOOLS AND SCHOOL LANDS. 7 

bly may, by general law, authorize school districts to levy, by a 
vote of the qualified electors of such district, a tax not to ex- 
ceed five mills on the dollar in any one year for school purposes. 
Provided, further, that no such tax shall be appropriated to any 
other purpose, nor to any other district, than that for which it 
was levied. Art. XIV, sees: 1 and 3, Const. 

COMMON SCOOL FUND. 

Sec. 6121. The proceeds of all lands that have been, or here- 
after may be, granted by the United States to this state, and not 
otherwise appropriated by the United States or this state ; also 
all moneys, stocks, bonds, lands and other property now belong- 
ing to any fund for purposes of education ; also the net proceeds 
of all sales of lands and other property and effects that may 
accrue to this state by escheat, or from sales of estrays, or from 
unclaimed dividends, or distributive shares of the estates of de- 
ceased persons; also any proceeds of the sale of public lands 
which may have been, or may be hereafter, paid over to the 
state (congress consenting) ; also ten per cent, of the net pro- 
ceeds of the sales of all state lands ; also all the grants, gifts or 
devises that have been, or hereafter may be made to this state, 
and not otherwise appropriated by the tenure of the grant, gift, 
or devise, shall be securely invested and sacredly preserved as a 
public fund that shall be designated as the "common school 
fund" of the state, and which shall Be the common property of 
the state, except the proceeds arising from the sale or lease of 
the sixteenth section (*). 

Sec. 6122. The annual income from the said fund, together 
with one dollar per capita to be annually assessed on every male 
inhabitant over the age of twenty-one years, and so much of 
the ordinary annual revenues of the state as may hereafter be 
set apart by law for such purposes, shall be faithfully appropri- 
ated for maintaining a system of free common schools, for this 

(*) No money or property belonging to the public school fund, or to this state, for the be efit of 
schools or universities, shall ever be used for any other than for the respective purposes to which it 
belongs. Art. XIV, sec. 2, Const. 



8 SCHOOLS AND SCHOOL LANDS. 

state, and shall be appropriated to no other purpose whatsoever. 
Act Dec. 7, 187 5, sees. 1 and 2. 

Sec. 6123. The state auditor shall on requisition from the 
state superintendent of public instruction, draw warrants on the 
state treasurer for payment to the several county treasurers of 
the school revenues due their respective counties. 

Sec. 6124. The per capita tax levied by the general revenue 
laws of the state shall be collected by the county collector at the 
same time and place that the state taxes are collected, and be 
paid into the county treasury on or before the first day of July 
of each year, in the presence of the county court clerk, who shall 
make a record of the same as a revenue for the support of com- 
mon schools (f). lb., sees 31 and 32. 

COLLECTION OF CLAIMS DUE THE COMMON SCHOOL FUND. 

Sec. 6125. The late county common school commissioners in 
the several counties in this State, or other persons holding mon- 
eys, notes, bonds or other papers belonging to the common 
school fund, shall be and they are hereby required to turn over 
the same into the hands of the collectors of their respective 
counties when ordered to do so by the board of commissioners 
of the common school fund. Act March 13, 1869, sec. 1. 

Sec. 6126. Before taking charge of any such moneys, bonds 
notes and other papers each collector shall be required to give bond 
for the faithful keeping and delivering of the same, in such 
sum, double the amount supposed to come into his hands, and 
with such security as shall be approved by the county court, 
which bon.d, when approved, shall be filed with the county clerk ; 
and for such service said collector shall receive one per cent, of 
the net amount of such claims, when collected, payable upon the 
order of the board of commissioners of the common school fund. 
lb., sec. 2. 

Sec. 6127. It shall be the duty of each collector to receipt to 
any ex-school commissioner or other person for such moneys, 

(t) The penalty collected for the non-payment of taxes on personal property is to he paid into 
the county school fund. See Sec. 5746. 



SCHOOLS AND SCHOOL LANDS. 9 

notes, bonds or other papers as he may receive from him, and 
safely keep the same'subjectto the order of the board of commis- 
sioners of the common school fund, and he shall deliver them to 
the prosecuting attorney of the judicial circuit in which he may 
reside, or to such other officer or person as said board may direct. 
lb., sec. 3. 

Sec. 6128. Any collector who shall fail to deliver any moneys, 
bonds, notes or other papers belonging to the common school 
fund, for ten days after receiving the proper order from the com- 
missioners of the common school fund, or in any manner con- 
vert to his own use said moneys, bonds, notes or papers, or any 
portion of them, shall, on conviction thereof, be imprisoned in 
the penitentiary not less than five nor more than ten years. lb., 
sec. 4. 

Sec. 6129. Whenever the board of commissioners of the 
common school fund shall order the collector to deliver any of 
said moneys, notes, bonds or papers to any officer or person, they 
shall furnish a copy of said order to such officer or person, who, 
if he shall not receive from the collector such moneys, notes, 
bonds or papers within the time specified in the foregoing sec- 
tion, shall present the fact to the grand jury at the next term of 
the circuit court for the county in which such collector may re- 
side, and, upon failure to do so, he shall be deemed guilty of a 
misdemeanor, and shall be fined in a sum not less than one hun- 
dred nor more than five hundred dollars, lb., sec. 5. 

Sec. 6130. If default be made in the regular payment of in- 
terest due upon money loaned, or for lands soldby any common 
school commissioner or township treasurer, or in the payment of 
the principal, interest at the rate of ten per cent, per annum 
shall be charged upon the principal and interest from the day of 
default, which shall be included in the assessment of damages, 
or in the judgment, in suits or action brought upon the obliga- 
tion to enforce payment thereof; and interest, as aforesaid, may 
be recovered in actions brought to recover interest only. Act 
Jan. 11, 1853, sec. 52. 

Sec. 6131. The board of commissioners of the common school 



10 SCHOOLS AND SCHOOL LANDS. 

fund shall be and they are hereby empowered and authorized, 
when they deem it necessary and appropriate, to employ counsel 
other than the prosecuting attorney or attorney-general in the 
adjudication and collection of outstanding claims of the common 
school fund in the several counties of the state ; and such coun- 
sel, when so employed, shall be allowed a reasonable compensa- 
tion for their services, not to exceed five per cent, of the amount 
in controversy, to be paid on the order of said board of com- 
missioners ; and a sufficient amount is hereby appropriated out 
of the common school fund for that purpose. Provided, no 
amount shall be paid for counsel to exceed five per cent, of the 
amount collected. Act April 12, 1869, sec. 3. 

Sec. 6132. In the payment of debts by executors and admin- 
istrators, the debts due the common school fund shall have a 
preference over all other debts, except funeral and other expenses 
attending the last sickness. 

Sec. 6133. No justice of the peace, constable, clerk of a court 
or sheriff shall charge any costs in any suit where the collector 
or any other officer sues for the recovery of any money due to 
the common school fund, if the plaintiff in such cause is unsuc- 
cessful. Act Jan. 11, 1853, sec. 50 and 55. 

COMMISSIONERS OF SCHOOL JUND. 

Sec. 6134. The governor, secretary of state and state super- 
intendent of public instruction shall constitute a board of com- 
missioners of the common school fund, and shall meet semi-an- 
nually at the office of said superintendent on the first Monday in 
February and on the first Monday in August in each year. Pro- 
vided, that the governor may assemble the members of said board 
any time, at his discretion. 

Sec. 6135. The governor shall be president of said board, and 
shall sign the journal of each day's proceedings. 

Sec. 6136. The superintendent of public instruction shall act 
as secretary of the said board, and shall keep a faithful, correct 
record of the proceedings, and shall keep the said record open at 
all times for inspection. A copy of said record, certified by the 



SCHOOLS AND SCHOOL LANDS. 11 

secretary of the board, shall be in all cases received as evidence 
equal with the original. 

Sec. G137. The said board of school commissioners shall have 
the management and investment of the common school fund be- 
longing to the state, and shall, from time to time, as the same 
may accumulate, securly invest the said funds in bonds of the 
United States or the State of Arkansas. 

Sec. 6138. That all moneys required by law to be paid into 
the treasury, to the credit of the common school fund may, if the 
same be not paid within thirty days after they shall have become 
due and payable, be recovered, with interest due thereon, by 
action in any court having jurisdiction ; and such action shall 
be prosecuted by the attorney-general of the state, or by the 
prosecuting attorney of any judicial district within this state, 
when directed by the said board. 

Sec. 6189. All moneys belonging or owing to the common 
school fund, as mentioned in section 6121, or accruing as rev- 
enues there from, together with the state school tax, shall be 
paid directly into the state treasury, and shall not be paid out 
except on the warrant of the auditor. Act Deo. 7,1875, sees. 3-8. 

Sec. 6140. The state auditor shall be the accountant of the 
said board, and shall, annually, on the first Monday in October, 
transmit to the governor and to the superintendent of public instruc- 
tion a report of the condiction of the school fund on the first day of 
July last preceding, with an abstract of the accounts thereof in his 
office. 

Sec. 6141. The auditor shall, under the direction of the board 
of commissioners, draw warrants on the state treasurer for the pay- 
ment of all or any portion of the common school fund belonging to 
the state, for the purchase of bonds or other securities in which the 
same is by law invested. 

Sec. 6142. The state treasurer shall, by virtue of such warrant, 
pay from the uninvested common school fund the purchase money 
for said securities, and shall receive and deposit the same in the state 
treasury for safe keeping, and receipt to the president of the board 
of commissioners for the kind and amount of such securities. 



12 SCHOOLS AND SCHOOL LANDS. 

Sec. 6143. The said board shall, at their semi-annual meeting, 
settle with the state treasurer all accounts of the common school 
fund not before settled. lb.,seos. 9-12. 

SUPERVISION OF PUBLIC SCHOOLS. 

Sec 6144. The supervision of public schools, and the execution 
of the laws regulating the same, shall be vested in and confided to 
such officers as may be provided for by the general assembly. Art. 
XIV, sec. 4, Cons. 

State Superintendent of Public, Instruction. 

Sec. 6145. At the next general election, and every two years 
thereafter, there shall be elected a state superintendent of public in- 
struction, by the qualified electors of this state, as state officers are 
now elected. 

Sec. 6146.„ Before entering upon the duties of his office, he shall 
take and subscribe the oath prescribed for officers by the constitution 
of this state, and shall file such oath with the secretary of state. 

Sec. 6147. The superintendent of public instruction shall be 
charged with the general superintendence of the business relating to 
the free common schools of this state. 

Sec. 6148. He shall open, at the seat of the state government 
(at the expense of the state), a suitable office, in which he shall keep 
all books, reports, documents and other papers pertaining to his de- 
partment, and where he shall be in attendance when not necessarily 
absent on business, and have personal supervision of the business 
affairs of his office, and keep a clear and correct record thereof. 

Sec. 6149. Pie shall furnish suitable questions for the examin- 
ation of teachers to the county examiner; he shall hold a teachers 
institute annually in each judicial district of the state, to be called a 
normal district institute; he shall arrange the programme exercises 
for each of such institutes, and preside thereat. Provided, if he 
should not be present, the teachers who may Iilvc assembled may 
organize and hold such normal district institute. 

Sec. 6150. He shall prepare and transmit to the county ex- 
aminers school registers, blank certificates, reports and other printed 



SCHOOLS AKD SCHOOL LANDS. 13 

blanks, together with other suitable blanks, forms and printed in- 
structions, to be forwarded to directors and other school officers, as 
may be necessary to aid such officers in making their reports and 
carrying into full effect the various provisions of the school law of 
this state. 

Sec. 6151. He shall exercise such supervision over the school 
funds as to ascertain the amount and disposal made of the same, 
their protection and safety when invested or deposited, and recom- 
mend measures for their security and preservation, and for render- 
ing them most productive of revenues; shall enforce the strict ap- 
plication of the school.revenues to the legitimate purposes for which 
they were intended, and shall, when directed by the commissioners 
of the school fund, cause to be instituted, in the name of the State 
of Arkansas, suits or action for the recovery of any portion of the 
said funds or said revenues that may be squandered, illegally ap- 
plied or unsafely deposited. 

Sec. 6152. He shall, on or before the first day of November in 
each year, prepare and submit to the governorof this state an annual 
report, in writing, showing the number of persons between the ages 
of six and twenty-one years residing in the state on the first day of 
the preceding July ; the number of such persons in each county ; the 
number of each sex ; the number of white ; the number of colored ; 
the whole number of such persons that attended the free common 
schools of the state during the year ending the thirtieth day of the 
last preceding June, and the number in each county that attended 
during the same period ; the number of whites of each sex that at- 
tended, and the number of colored of each sex that attended the said 
schools; the number of common schools in the state ; the number of 
pupils that studied each of the branches taught; the average wages 
paid teachers of each sex ; the relative average wages paid to male 
and female teachers, respectively, according to the different grades 
of their certificates; the number of school-houses erected during the 
year, the material and cost thereof; the number previously erected, 
the material of which they were constructed, their condition and 
value ; the number with their grounds enclosed ; the counties in 
which teachers' institutes were held, and the number that attended 
the institutes in each county. 



14 SCHOOLS AND SCHOOL LANDS. 

Sec. 6153. He shall likewise report the amount of permanent 
school fund belonging to the state at the close of the fiscal school 
year, and the amount of other property apportioned to school pur- 
poses ; the nature, kind and amount of such investments made of the 
same ; the safety and permanency of such investments ; the amount 
of revenue accruing from the school funds; the income received 
from the per capita assessments of each county, and the amount de- 
rived from such assessment in all the counties of the state ; the in- 
come derived from all other sources, together with the amount de- 
rived from each ; likewise, in what sums, for what purposes and in 
what manner the said school revenue shall have been expended, and 
what amount of school moneys of various kinds are in the various 
county treasuries unexpended. 

Sec. 6154. He shall include in his report such plans as he may 
have matured for the improvement of the common school system of 
this state; for the accumulation, the investment and the more judic- 
ious management of the common school fund, and, when he may 
deem it advisable, shall recommend measures for a more economical 
and advantageous collection and expenditure of the revenues ac- 
cruing from the said fund ; and whenever it comes to his knowledge 
that any of the investments of the school funds are not safe, or that 
that any portion of the said fund is liable to be lost, that it is 
unproductive of revenue, or that any of the school revenues have 
been diverted from their proper channel or from the appropriate ob- 
jects contemplated, he shall report the facts to the governor and to 
the general assembly, if in session. 

Sec. 6155. He shall also append to his report a statistical table, 
compiled from the materials transmitted to his office by school 
officers, with proper summaries, averages and totals given. 

Sec. 6156. He shall present such a comparison of results, and 
such an exhibit of his administration, and of the operation of the 
common free school system, together with such statements 
of the true condition of the schools of the state, as shall 
distinctly show the improvements and progress made from year to 
year in the department of public instruction. 

Sec. 6157. The annual reports of the state superintendent to the 



SCHOOLS AND SCHOOL LANDS. 15 

governor shall be transmitted by the governor to the general assem- 
bly at the opening of the session. 

Sec. 6158. He shall have his reports to the governor published 
as soon as practicable after they have been made, and shall cause 
them to be distributed among the various school officers of the state, 
to be kept on file in their respective offices. Provided, he shall not 
have more than five thousand copies of such reports printed for any 
one year, the printing of such reports to be let out as other contracts 
for printing. 

Sec. 6159. He shall, on the first Monday of July and on the first 
Monday of January of each year, make a pro rata apportionment 
to the several counties of the state of the remaining revenues in the 
state treasury, available for distribution for school purposes, on the 
basis of the number of persons between the ages of six and twenty-one 
years residing in the said counties, respectively, on the first Monday 
of July previous; and he shall publish a statement of the same, and as 
early as practicable shall transmit a copy thereof to each county ex- 
aminer and to each of the several treasurers in the state, and to each 
county clerk, who shall submit the same to the county court at its 
next term ; and he shall thereupon draw his requisition on the state 
auditor in favor of the treasurers of the several counties for such 
amounts as the said counties may be entitled to receive for the sup- 
port of free common schools. 

Sec. 6160. He shall, from time to time, publish in convenient 
pamphlet form, and furnish each school officer, the acts of the gen- 
eral assembly relating to common schools, and the decisions of the 
courts having competent jurisdiction in relation to the school laws; 
and he shall likewise, at the request of any school officer, render a 
decision relating to the intent, construction or administration of 
any portion of the school laws on which decisions shall not have 
been published, and he may, when he shall deem it advisable to 
have the opinion of the attorney-general, require said opinion to Joe 
given in writing. 

Sec. 6161. He shall for the purpose of ascertaining the amounts, 
safety and preservation of the school funds, have access to the 



16 SCHOOLS AND SCHOOL LANDS. 

auditor's books and papers, with full power to use and inspect the 
same. 

Sec. 6162. At the expiration of his term of office he shall de- 
liver to his successor possession of his office, together with all 
hooks, records, documents, papers and other articles belonging or 
pertaining to his office. 

Sec. 6163. He shall affix the seal of the department of public 
instruction to all official communications from his office. 

Sec. 6164. Whenever a vacancy in the office of superintendent 
of public instruction shall occur, from death, resignation or other- 
wise, the governor shall appoint a person of suitable attainments to 
serve the remainder of the unexpired term. Provided, such vacancy 
shall occur within nine months from the next succeeding election ; 
otherwise an election shall be ordered, as in case of state officers. 

Sec. 6165. Neither the state superintendent nor county exam- 
iner shall act as agent for any author, publisher or bookseller, nor 
directly or indirectly receive any gift, emolument, reward or prom- 
ise of reward for his influence in recommending or procuring the 
use of any book, school apparatus or furniture of any kind what- 
ever, in any public school ; and any school officer who shall violate 
the provisions of this section shall be deemed guilty of a misde- 
meanor, and subject to removal from office. 

Sec. 6166. The state superintendent of public instruction shall 
have power to grant slate certificates, which shall be valid for life, 
unless revoked, to any person in the state who shall pass a thorough 
examination in all those branches required for granting county 
certificates; and, also in algebra and geometry, physics, rhetoric, 
mental philosophy, history, Latin, the constitution of the United 
States and of the State of Arkansas, natural history and theory and 
art of teaching. 

Sec. 6167. He shall prepare, for the benefit of the common 
schools of the state, a list of such text books on orthography, read- 
ing in English, mental and written arithmetic, penmanship, English 
grammar, modern geography and history of the United States, as 
are best adapted to the wants of the learner, and as have been pre- 
pared with reference to the most philosophical methods of teaching 



SCHOOLS AND SCHOOL LANDS. 17 

those branches, and shall recommend the said text-books to teachers 
and to directors throughout the state. 

Sec. 6168. He shall procure and adopt a seal for his office, and 
furnish an impression and description of said seal to the secretary of 
state, to be preserved in his office. 

Sec. 6169. A copy of any paper or document deposited or filed 
in the office of superintendent of public instruction shall, when au- 
thenticated by the said seal, be evidence equal, to all intents and 
purposes, with the original. 

Sec. 6170. The said superintendent shall prepare appropriate 
forms for three several grades of certificates to be issued to teachers 
by the county examiners. He shall prepare suitable school registers, 
in which teachers, at the close of the school term, are to make their 
reports to the trustees of the name and age of each pupil, the date 
of each pupil's entrance, the separate days on which each attended 
school, the studies each pursued, the total attendance ; and shall 
likewise prepare suitable forms for the reports of directors and 
county examiners. Act. Dec 7, 1875, sees. 13-30 and 33-37. 

SCHOOL DISTRICTS. 

Sec. 6171. The boundaries of school districts in counties oi this 
State shall be and remain as now established, except that the county 
court shall have power to alter the same whenever a majority of the 
citizens residing therein shall petition the court so to do; but in all 
changes due regard shall be had to the convenience of the citizens, 
and all the territory in the county shall be embraced in said school' 
districts. 

Sec. 6172. Each school district shall be a body corporate, by 

the name and style of "School District No. , of the county 

of ," and by such name may contract and be contracted with, sue 

and be sued, in any of the courts of this State having competent 
jurisdiction (|). 

Sec. 6173. Every district shall hold in the corporate name of the 
district the title of lands and other property which may be acquired 

(\) School districts are not liable for trespasses committed by their officers. School District 
No. \\v. Williams, 38—454. 

S2 



18 SCHOOLS AND SCHOOL LANDS. 

by said district for school district purposes. Act Dec. 7, 1875, sees. 
39 and 53. 

Sec. 6174. No new school district shall be formed having less 
•than thirty-five persons residing within the territory included in 
such new district of scholastic age, and no district now formed shall, 
by the formation of a new district, be reduced to less than thirty- 
five persons of scholastic age. Act March 11, 1881, sec. 6. 

Sec. 6175. The county court shall have the right to form new 
school districts, or change the boundaries thereof, upon a petition 
of a majority of all the electors residing upon the territory of the 
district to be so affected by such change within the territory to be in- 
cluded in the new district proposed. Provided, such territory have 
the requisite number of children and property to comply with the 
now existing laws in such cases provided. Act March 30, 1883, 
sec. 2. 

APPORTIONMENT OF SCHOOL FUND. 

Sec. 6176. The county court, immediately on receiving notice of 
the distributive share of school revenue apportioned by the state 
superintendent to each county shall proceed to apportion to the 
several school districts of the county, in proportion to the number of 
persons between the ages of six and twenty-one years residing within 
the school district, respectively, on the first Monday of July previous, 
the said school revenue apportioned to the county, and shall for- 
ward to the county treasurer, and to each of the directors of each 
district, a statement of such apportionment, carefully distinguishing 
the sources from which the school revenues so apportioned are de- 
rived, and the amount due each school district in the county from 
each separate source, and shall see that the revenues from the public 
school fund are invariably paid to the county and to the school dis- 
tricts strictly in accordance with the apportionment made to them. 

Sec. 6177. Whenever a new district shall have been formed and 
organized, the court shall, at the next apportionment made thereafter, 
apportion to the new district school revenues in proportion to the 
number of persons between the ages of six and twenty-one years re- 
ported by the directors of the new district ; provided, always, that 



SCHOOLS AND SCHOOL LANDS. 19 

the number of persons between the ages of six and twenty-one years 
reported in any year by the district directors of each county shall be 
taken as the quota of that county, and the number reported from 
each school district shall be taken as the quota of that district, and 
that the only basis on which an apportionment of the school revenue 
shall be made is to be the number of persons so reported each year 
by the district directors. Act Dec. 7, 1875, sees. 40, 41. 

Sec. 6178. The county examiners of the several counties shall, 
annually, between the tenth and twentieth days of September, trans- 
mit, verified by affidavit, to the county clerks of their respective 
counties a written report, showing- the number of persons between 
the ages of six and twenty-one years residing in each school district 
in their respective counties, as shown by the reports of the district 
directors made for the same year to the county examiners, as is now 
required by law. 

Sec. 6179. The county clerks shall, during the first terms of 
their respective county courts held after the reception of the reports 
provided for in the preceding section, lay such reports before such 
county courts, to be Used as a guide in making "the apportionment 

of the general school fund to the various school districts. Act 

March 23, 1881. 

Sec. 6180. Any county which, by a change of county lines, or 
by the formation of a new county or counties, shall fail to receive 
the school funds which justly should be apportioned to it, from the 
fact of its school population being reckoned with that of the county 
or counties to which the said funds may be apportioned, shall be re- 
imbursed for the loss thus incurred. Said loss shall be corrected in 
the first apportionment of the school revenue thereafter. Provided, 
that if such correction be not made in the first apportionment there- 
after, it may be made in the second. 

Sec. 6181. The amounts refunded according to the provisions 
of section 6180 shall be deducted from the funds apportioned to the 
counties which were the original recipients of the erroneously oppor- 
tioned revenues. 

Sec. 6182. Upon the presentation of the certificate of the super- 
intendent of public instruction of the amount or amounts due any 



20 SCHOOLS AND SCHOOL LANDS. 

county, by the provisions of this act, to the auditor, he shall draw 
his warrant on the state treasurer for said amount or amounts in 
favor of the treasurer of said county for the benefit of the school 
fund, and in compliance with section 6180. Act March 6, 1877. 

COUNTY EXAMINERS. 

Sec. 6183. The county court of each county shall, at the first 
term thereof after each general election, appoint in each county not 
divided into two judicial districts one county examiner, and in each 
county divided into two judicial districts may appoint one county 
examiner for each district, such examiner to be of high moral 
character and schoolastic attainments ; and it shall be the duty of the 
county clerk to issue a commission to the person so appointed, and 
immediately to certify his name and post-office address to the 'super- 
intendent of public instruction. Act Dec. 7, 1875, .sec. 42, as amended 
by sec. 1, act March 20, 1883. 

Sec. 6184. Any appointments heretofore made by the county 
courts for the districts of such counties as are mentioned in the pre- 
ceding section in which an examiner has been appointed for each 
district are hereby declared to be legal and valid appointments. Act 
March 20, 1883, sec. 2. 

Sec. 6185. Before entering upon the duties of that office, the 
county examiner shall take and subscribe the oath prescribed for 
officers by the constitution of this state, and file such oath in the 
office of the county clerk. 

Sec. 6186. It shall be the duty of such examiner to enamine 
and license teachers of common schools; and he shall receive, as a 
compensation for his services, the sum of two dollars for each ex- 
amination, to be paid by the person applying for the same. He 
shall hold, quarterly, at the county seat of each county, in a suitable 
room to be provided by the county court, a public examination for 
that purpose, and shall, previous to holding such examination, give 
at least twenty days' notice thereof to the directors of each schive 
district within the county, whose duty it shall be to file the original 
notice in their office, and post, without delay, copies of said notice 
in three or more of the. most conspicious places within their district. 



SCHOOLS AND SCHOOL LANDS. 21 

He shall conduct all examinations by written and oral questions and 
answers, but shall grant no certificates of qualification except in ac- 
cordance with the provisions of law respecting teachers' certificates. 

Sec. 6187. He shall at the time and places appointed for hold- 
ing public examinations, examine, in orthography, reading, pen- 
manship, mental and written arithmetic, English grammar, modern 
geography, history of the United States, all persons present and ap- 
plying for an examination, with the intention of teaching ; and if 
couviuced that such persons are of good moral character, and are 
competent to teach successfully the foregoing branches, he shall give 
such persons certificates ranking in grades to correspond with the 
relative qualifications of the applicants, according to the standard 
adopted ; but he shall not license any person to teach who is given 
to profanity, drunkenness, gambling, licentiousness or other de- 
moralizing vices, or who does not believe in the existence of a 
Supreme Being; nor shall he be required to grant private examin- 
ations. He may cite to re-examination any person holding a license 
and under contract to teach any free school within his county, and 
on being satisfied, by a re-examination or by other means, that such 
person does not sustain a good moral character, or that he has not 
sufficient learning and ability to render him a competent teacher, he 
may, for these and other adequate causes, revoke the license of such 
person; and, in case of such revocation, he shall immediately give 
notice thereof to such teacher and the directors, and thereby ter- 
minate the contract between the said parties ;but the wages of such 
teacher shall be paid for the time he shall have actually taught, prior 
to the day on which he received notice of the revocation of his 
license. 

Sec. 6188. He shall issue three grades of certificates, to be 
styled, respectively, certificates of the first, and of the second, and 
of the third grades. Certificates of the first grade shall be valid, in 
the county for which they were issued, for two years. Those of the 
second grade shall be valid, in the county for which they were is- 
sued, for one year. Those of the third grade shall be valid, in the 
county, six months. But he shall not renew any certificate or grant 
a license without an examination of the applieant with reference 
thereto. 



22 SCHOOLS AND SCHOOL LANDS. 

Sec. 6189. He shall keep a record of the age, name, sex, post- 
office address and nativity of each person licensed by him to teach, 
and of the date and grade of his certificate, and shall include such 
record in his report to the state superintendent. 

Sec. 6190. He shall encourge the inhabitants to form and 
organize school districts, to establish public schools therein, under 
qualified teachers, to furnish suitable text-books for their children, 
and to send them to school. He shall direct the attention of teach- 
ers and school patrons to those methods of instruction that will best 
promote mental and moral culture, and to the most feasible and im- 
proved plan for building and ventilating' school-houses. He shall 
labor to create among the people an interest in the public schools, 
and shall take advantage of public occasions, such as the dedication 
of school-houses, public examinations and institutes, to impress peo- 
ple with the importance of educating every child, and consequently 
of the duty of maintaining a system of free schools established by 
law. He shall receive the reports of the directors, transmit an ab- 
stract of the same to the state superintendent, and transmit there- 
with a report of the condition and prospects of the schools under his 
superintendence, together with such other information and sugges- 
tions as he may deem proper to communicate. 

Sec. 6191. He shall annually, on or before the twentieth of Sep- 
tember, prepare in tabular form an abstract of the reports made to 
him by the directors of the school districts embraced within his 
county, showing the number of organized districts in his county at 
the commencement of the year, on the first day of July preceding, 
the districts that have made their annual reports, the number of per- 
sons in each district between the ages of six and twenty-one years, 
distinguishing the sex and also the color of said persous ; the num- 
ber of said persons that attended school during the year ; the average 
number of males and of females of each color in daily attendance; 
and the number that pursued each of the studies designated to be 
taught in the common schools; the number of teachers of each sex, 
employed in his county; the average wages paid per month to 
teachers of each sex, according to the grade of their certificate ; 
the whole amount paid as teachers' wages in his county; the 



SCHOOLS AND SCHOOL LANDS. 23 

number of pupils that studied in his county, and the several branches 
taught ; the number of school houses erected during the year in 
his county, material and cost of the same ; the number before 
erected, the material used in their construction, their condition 
and yalue; the grounds of how many inclosed; the amount 
of money raised by tax in each district, for what purpose raised; 
the amounts that have been expended, and for what purposes 
the amount of revenue received by his county from the com- 
mon -school fund, and received for the support of schools 
from each of all other sources ; for what purposes and in what sums 
the said revenues were expended, and what amounts unexpended 
were, at the close of the school year, in the county treasury ; and 
shall report also the number of deaf-mutes, blind and insane in each 
school district in his county, under thirty years of age, their names 
and their post-office. 

Sec. 6192. He shall number the several school districts in his 
county in regular order from number one upward, and shall keep in 
his office a record and description of each district, with the bound- 
aries clearly defined, and also a record of such changes or alterations 
in the boundaries of each as shall from time to time be made. 

Sec. 6193. He shall have power to appoint some suitable person 
to hold teachers' institutes and examine teachers in his county, in 
case of his inability to attend such institutes and examinations. 

Sec. 6194. The now acting county superintendents shall, im- 
mediately after the county courts shall have appointed, the 
county examiners, deliver to said examiners all books, papers? 
records and other property now in their possession by virtue of 
their offices belonging to the state, and shall take receipts for 
the same; and the office of county superintendent is hereby 
abolished. Act Dec: 7, 1875, sees. 43-52. 

Sec. 6195. If any county examiner shall be found incom- 
petent, or shall be frequently neglectful of his duty, upon satis- 
factory proof, the county judge shall remove him from office and 
shall immediately appoint his successor. Act March 11, 1831, 
•sec. 7. 

Sec. 6196. If any county examiner shall neglect, fail or re- 



24 SCHOOLS AXD SCHOOL LANDS. 

fuse to perform any of the duties required of him in section 
6191, and shall not forward the abstract mentioned in said sec- 
tion to the superintendent of public instruction ou or before the 
twentieth day of September of each year, he shall forfeit to the 
county the sum of twenty-five dollars, to be recovered as in 
this act provided, together with all costs, and be paid into the 
county treasury. Act 31arch 11, 1881, sec. 11. 

ANXUAL SCHOOL MEETING. 

Sec. 6197. The electors of each organized school district in 
this state shall annually, on the third Saturday in May, at two 
o'clock p. m., hold a public meeting, to be designated " The an- 
nual school meeting of the district." Act Dec. 7, 1875, sec. 54, 
as amended by act March 11, 1881. 

Sec. 6198. All persons qualified to vote for county and state 
officers at the general election, shall be deemed qualified electors 
of the school district in which they reside, and shall have the 
privilege of voting at all school meetings. 

Sec. 6199. The electors of every school district shall, when 
lawfully assembled in annual district school meeting, with not 
less than five electors present, have the power, by a majority of 
the votes cast at such meeting, first to choose a chairman; sec- 
ond, to adjourn from time to time ; third, to appoint, when nec- 
essary, in the absence of' the directors of the district, a clerk 
pro tern.; fourth, to elect a director for the district for the next 
three school years, who can read and write ; fifth, to designate a 
site for a school-house ; sixth, to determine the length of time 
during which a school shall be taught more than three months 
in a year; seventh, to determine what amount of money shall 
be raised by tax on the taxable property of the district suffi- 
cient, with the public school revenues apportioned to the 
district, to defray the expenses of a school for three months, or 
for any greater length of time they may decide to have a school 
taught during the year; provided, that no tax for purposes 
aforesaid greater than one-half of one per cent, on the assessed 
value of the taxable property of the district shall be levied; 



SCHOOLS AND SCHOOL LANDS. 25 

and provided, further, that they may, if . sufficient revenue can not 
be raised to sustain a school for three months in any one year, 
determine by ballot that no school shall be taught during such 
year, in which case the revenue belonging to such district shall 
remain in the treasury to the credit of such school district; 
eighth, to repeal and modify their proceedings from time to 
time. 

Sec. 6200. The annual district election shall be held by the 
school directors as judges, who shall have power to appoint two 
clerks; and it any of the directors should not attend, the as- 
sembled voters may choose judges in the place of those not at- 
tending, and the judges and clerks shall take the oath pre- 
scribed by the general election law. 

Sec. 6201 . The ballot of the voter shall, in addition to the name 
of the persons voted for as directors, have written or printed 
ou it the words " for tax," or " against tax/' and also the amount 
of tax the voter desires levied. 

Sec. 6202. When the polls are closed (*), the judges shall 
proceed to count the votes, ascertain the result and make re- 
turn thereof to the county court, showing the number of votes 
cast for each person voted for school director, also the num- 
ber cast for and against tax, and the number of votes cast for 
each amount or rate of tax voted for (a); such return, together 
with the ballots, shall be sealed up and delivered by one of the 
judges to the county clerk, at least ten days before the meeting 
of the county court for levying taxes. 

Sec. 6203. The county court, at its said meeting lor levying 
taxes, shall open the return and ascertain whether a majority of 
the votes cast be for tax; and if a. tax has been voted, then the 
court shall determine the amount of taxes voted by taking the 
largest amount or rate of taxation voted for by a majority of 
the voters, which shall be levied and collected by the district so 

[*) As to time for opening and closing the polls, see Holland v. Davies' 36—446. 

(a) Unless the judges make return ol the election or vote to the county court, it can not levy the 
tax. Hodgkinv. Fry, 33—716. The omission of the judges to state in their return the number of 
votes cast for and against the proposed tax will not defeat a levy adopted by the meeting. Holland 
v. Davies, 36 — 446. As to other irregularities, see same case and Rogers v. Kerr, 42--100, 



26 SCHOOLS AND SCHOOL LANDS. 

voting; and if no rate shall have received such majority, then all 
the votes cast for the highest rate shall be counted for the next 
highest, and so on, till some rate voted shall receive a majority 
of all the votes cast. In other rtspects the election shall be 
held according to the general election law. Act Dec. 7, 1875, 
sees. 55 and 56. 

Sec. 6204. All taxes voted for school purposes by any school 
district shall be levied by the county court at the same time the 
county taxes are levied, and shall be collected in the same man- 
ner as the county taxes are collected, at the same time and by 
the same person, and be paid into the county treasury, there to be 
kept subject to disbursement on the warrant of the school di- 
rectors ; provided, that no tax for the purposes aforesaid greater 
than one-half of one per cent, on the assessed value of the tax- 
able property of the district shall be levied, which shall be done 
by ballot (aa). Act Dec. 7, 1875, sec. 41. 

SCHOOL DIRECTORS. 

Sec. 6205. At the annual school meeting, held on the third 
Saturday in May, there shall be elected, by the legal voters in 
each school district, a director, who shall hold his office for the 
tertn of three years from October fifteenth next ensuing, and 
until his successor shall have been elected and have qualified. 
Provided, that at the first annual school meeting of the district 
after the passage of this act, three school directors shall be 
elected, to hold office one, two and three years, respectively ; 
and provided, further, that when a new school district shall have 
been formed under the provisions of this act, three directors 
shall be immediately elected by the electors of the new district, 
and shall hold their office for one, two and three years, respec- 
tively, and until their successors are elected and qualified as 
herein provided for. Act Dec. 7, 1875, sec. 57, as amended by act 
March 11, 1881, sec. 2. 

(aa) The county court has no power to levy a school tax independent of action on the part of the 
electors of each school district for which the tax is levied ; it can only cause to be placed on the 
tax books and collected such rates as are reported from the districts. An excessive levy vitiates the 
whole tax. Worlhen v. Badgelt, 32—496. See Cairo & Fulton JR. R. Co. v. Paris, lb., 131 ; Rogers v- 
Kerr, 42—100. 



SCHOOLS AND SCHOOL LANDS. 27 

Sec. 6206. Any person elected and accepting the position of 
director of a school district shall, within ten days after having 
been notified of his election, file his acceptance with his prede- 
cessor at the time in office, and shall, within ten days after the 
fifteenth of October, take and subscribe, before a justice of the 
peace or other competent officer, the oath prescribed for officers 
by the constitution of this state, and shall file the said oath in 
the office of the clerk of the county in which he resides. Act 
Dec. 7, 1875, sec. 58. 

Sec. 6207. An old director shall, upon application of an in- 
coming director, administer to him the oath of office. Act March 
11, 1881, see. 5. 

Sec. 6208. Any person who shall have been elected or ap- 
pointed a director, and shall neglect or refuse to qualify and 
serve as such, shall forfeit to his district the sum of. ten dollars, 
which may be recovered by action against him at the instance 
of any elector in the district, and which, when collected, shall 
be paid into the county treasury by the officer before whom the 
action was maintained, and added, by the treasurer, to the school 
fund revenues appropriated to the district. 

Sec. 6209. Any director who shall neglect or fail to perform 
any duties of his office shall forfeit to his district the sum of 
twenty-five dollars, to be recovered as directed in the preceding 
section, and to add in like manner to the school fund revenues 
apportioned to his district. 

Sec. 6210. If the office of any director in a district becomes 
vacant, the electors of said district shall, in a district meeting 
assembled, within fifteen days after the occurrence of such va- 
cancy, elect a director to serve the remainder of the unexpired 
term ; but if the district in which such vacancy occurs neglect 
or fail to elect a director to fill such vacancy, then the county 
court shall appoint from the electors of said district a director to 
serve the remainder of the term. 

Sec. 6211. The trustees of the several school districts in each 
county in the state shall hold office and perform the duties re- 
quired of boards of directors in this act until their successors are 



28 SCHOOLS AND SCHOOL LANDS. 

elected and qualified in regular manner, according to the pro- 
visions of this act. 

Sec. 6212. The said board shall make provision for estab- 
lishing separate schools for white and colored childreu and 
youths, and shall adopt such other measures as they may judge 
expedient for carrying the free scliool system into effectual and 
uniform operation throughout the state, and providing, as nearly 
as possible, for the education of every youth. 

Sec. 6213. The directors shall have charge of the school af- 
fairs and of the school educational interests of their districts, 
and shall have the care and custody of the school-houses and 
grounds, the books, records, papers and other property belong- 
ing to the district, and shall carefully preserve the same, pre- 
venting waste and damage; and shall purchase or lease, in the 
corporate name of the district, such school-house site as may be 
designated by a majority of the legal voters at the district meet- 
ing; shall hire, purchase or build a school-house with funds pro- 
vided by the district for that purpose ; and may sell or exchange 
such site or school-house, when so directed by a majority of the 
electors of any legal meeting of the district. 

Sec. 6214. They shall hire, for and in the name of the dis- 
trict, such teachers as have been licensed according to law, and 
shall make with such teachers a written contract, specifying the 
time for which the teacher is to be employed, the wages to be 
paid per month, and any other agreement entered into by the 
contracting parties, and shall furnish the teachers with a dupli- 
cate of such contract, and keep the original; and they shall em- 
ploy no person to teach in any common school of their district 
unless such person shall hold, at the time of commencing his 
school, a certificate and license to teach, granted by the county 
examiner or state superintendent. 

Sec. 6215. The term "month," wherever it occurs in any 
section of this act, shall be construed to mean twenty days, or 
four weeks of five days each. Act Dee. 7, 1875, sees. 58-62. 

Sec. 6216. The directors of each school district in this state 
shall adopt and cause to be used in the public schools, in their 



SCHOOLS AND SCHOOL LANDS. 29 

respective districts, one series of text-books in eacli branch or 
science taught in the public schools of their respective districts, 
and no change in these books shall be made for a period of three 
years, unless it be by a petition of a majority of the voters of 
the district desiring the change. Act March 11, 1881, sec. 2. 

Sec. 6217. They shall procure from the county examiner, 
and furnish the teacher at the commencement of the term, a 
register for his school, and require the said teacher to report, in 
the said register, at the close of the school term, the number of 
days of the said term, the name and age of each pupil, the date 
oil which each entered the school, the separate days on which each 
attended, the whole number of days each attended, the studies 
each pursued, the total number of days all pupils attended, the 
average daily attendance and the number of visits received from 
the directors during the said term. Act Dec. 7, 1875, sec. 63. 

Sec. 6218. They shall visit the schools at least once each 
term, and encourage the pupils in their studies, and give such 
advice to the teacher as may be for the benefit of teacher and 
pupils. 

Sec. 6219. They shall submit to the district, at the annual 
meeting, an estimate of the expenses of the district for that year, 
including the expenses of a school for the term of three months 
for the next year, after deducting the probable amount of school 
moneys to be apportioned to the district for that school year, 
and shall also submit an estimate of the expenses per month of 
continuing the school beyond the term of three months, and of 
whatever else may be neeessary for the comfort and advance- 
ment of the said school. 

Sec. 6220. They shall, in all suits and action at law brought 
by or against their district, appear for and in behalf of said dis- 
trict. Provided, that they shall have no other directions or in- 
structions by a lawful meeting of the electors of their district. 

Sec. 6221. They shall draw orders on the treasurer of the 
county for the payment of wages due teachers, or for any lawful 
purpose, and they shall state in every such order the services or 
consideration for which the order is drawn, and the name of the 



30 SCHOOLS AND SCHOOL LANDS. 

person rendering such service ; but they shall not draw any order 
on the county treasurer for the payment of the wages of any 
teacher not licensed. 

Sec. 6222. When the warrant of any board of directors, 
properly drawn, is presented to the treasurer of the proper 
county, he shall pay the same out of any funds in his hands for 
that purpose belonging to the district specified in said warrant. 

Sec. 6223. The directors shall give notice of each annual 
meeting, by posting notices thereof, at least fifteen days previous 
to such meeting, in three or more conspicuous places within the 
district (b) ; but it shall not be lawful for a district, at any an- 
nual meeting, to fix a site for a school-house, or to raise money 
for building or purchasing a school-house, unless the directors 
shall have particularly set forth in the previous notice given of 
such meeting that these matters were to be submitted tor their 
consideration and action. 

Sec. 6224. One of the directors shall act as clerk at all dis- 
trict meetings, shall keep a record of the proceedings thereof in 
a book provided for that purpose, or, if absent, shall transcribe 
into said book the minutes kept by the clerk pro tempore, and 
signed by the chairman, as so much of the authenticated records 
of the district; and he shall enter on the said book copies of all 
his reports to the county clerk and the county examiner. 

Sec. 6225. He shall keep, in a book provided for that pur- 
pose, the accounts of the district, by debits and credits, includ- 
ing the accounts with the county treasurer, and shall present the 
same to each annual meeting, showing the current expenses for 
the year, for school-houses, out-buildings, fences with which to 
inclose a school-house site, for stoves, wood, maps, charts,, black- 
boards, a dictionary, and other necessaries for a school, and 
stating the number of days the directors have been necessarily 
employed in the performance of their duties as directors; the 

(b) It is the duty of the directors to designate the place of the auuual meeting, and notice of the 
time and place is essential to the validity of a tax voted at such meeting. Bui the statute desig- 
nates the time, and all are bound to take notice of it. If notice of the place be given, the meeting 
will be legal, though the time be not specified in the netice. Hodgkin v. Fry, M3 — 716. A notice 
given by two of the directors is sufficient. Holland v. Davies, 36—446. 



SCHOOLS AND SCHOOL LANDS. 31 

date of each order drawn by them on the county treasurer, and 
for what services or consideration, for what amounts and in 
whose favor, exhibiting vouchers therefor; a statement of the 
indebtedness of the district, and also of the surplus moneys, if 
any, in the county treasury belonging to the district at the com- 
mencement of the year ; the amount of taxes levied on the dis- 
trict for school purposes within the year; the different purposes 
for which said taxes were levied, and the amount levied for each 
purpose. Jf, on examination, the report be found correct, the 
chairman of the meeting shall approve the same, and order that 
it be filed with the records of the district. 

Sec. 6226. The directors shall, within ten days after any 
school meeting, report to the clerk of the county so much ofthe 
proceedings of said meeting as pertains to the election of offi- 
cers; and they shall, on or before the first day of October in 
each year, furnish to the clerk so much ofthe copy of their 
record, attested by the chairman of the meeting, as shows the 
amount of money voted to be raised by the district, for school 
purposes, at the annual meeting. 

Sec. 6227. They shall, annually, between the first and tenth 
days of September, transmit, verified by their affidavit, to the 
county examiner, a written report, in proper form, of the' name 
of their county ; of the number of their district ; the names and 
ages of all persons, between the ages of six and twenty-one years, 
residing in their district on the first day of September; the numher 
of males and females, respectively, of each color, that attended the 
common schools during the last school year; the average number of 
each sex that attended daily ; the number that pursued each ofthe 
studies designated to be taught in the common schools of this state; 
the number of times the school was visited each term by the direc- 
tors; the number of days that school was taught during the year by 
a licensed teacher ; the name of each teacher ; the grade of his cer- 
tificate ; the wages paid each teacher per month, and the whole 
amount of wages paid teachers during the year. They shall include 
in their report the amount of taxes voted by the district during the 
last school year, lor what purpose voted, and the amount voted for 



32 SCHOOLS AND SCHOOL LANDS. 

each purpose; the amount, drawn from the county treasurer for each 
purpose for which money was raised by district tax the previous 
year; the amount of revenues received from the common school 
fund, and the amount received from each of the various other 
sources from which school revenues are derived ; the amount of each 
kind of revenue remaining in the county treasury and subject to the 
order of the district; the number of school-houses erected during 
the year, and the cost and material of each ; the number, the ma- 
terial, the condition and value of those before erected, and the value 
of all other property belonging to the district; the condition of the 
school-house grounds, and whether the said grounds are inclosed ; 
also, name, age and post-office of deaf, dumb, blind and insane in 
each district, including all who are blind or deaf to such an extent 
as not to be educated in common schools; and they shall record the 
said report in the proper place in the district book in which the cur- 
rent record of the proceedings of the district is kept. 

Sec. 6228. If the directors of any district fail or neglect to make 
a report of the enumeration, statistics and finances of their district 
at the time and in the manner prescribed in the preceding section, 
the said directors, in addition to their forfeiture for neglect of duty, 
shall severally be liab T e for any damages, including the costs of the 
suit, that the district may sustain by reason of losing the school 
revenues that would otherwise have been apportioned to them. 

Sec. 6229. They shall at the clo'se of the school year, settle with 
the county treasurer, and ascertain what moneys, if any, to which 
their district may be entitled, and the amounts, severally, thereof 
that are in the county treasury and subject to be drawn by their dis- 
trict, lb., sees. 64-75. 

Sec. 6230. The directors of any school district may, at the in- 
stance of the teacher, suspend from the school any pupil for gross 
immorality, refractory conduct or insubordination, or for infectious 
disease. Provided, that such suspension shall not extend beyond the 
current term. s» 

Sec. 6231. They may permit older persons tc attend the school 
under such regulations as they may deem proper. 

Sec. 6232. The county court shall have power, upon the petition 



SCHOOLS AND SCHOOL LANDS. 33 

of any person residing in a particular school district, to transfer the 
child, children or wards of such person, for educational purposes, to 
an adjoining district in the same county, or to an adjoining district 
in an adjoining county, and shall at once notify the county examiner 
of the county or counties and the directors of both districts. 

Sec. 6233. The directors of the district to which such children 
have been transferred, at the time of taking the enumeration, shall 
include such children in the district to which they have been trans- 
ferred, and they shall not be enumerated in the district where they 
reside. The district school tax of such person shall be added to the 
school revenues of the district to which he has been transferred, and 
shall not be included in the school revenues of the district where he 
resides. 

Sec. 6234. Any person who transfers his child, children or 
wards and property to any district, for educational purposes, shall 
have the same right to vote in said district for directors and tax as 
other electors have of the district to which he is so transferred _ 
Where such person is transferred to a district out of his county, the 
county treasurer of the county, wherein he resides shall open an ac- 
count with the district to which he is transferred, and his school 
taxes shall be credited to the same and paid on the warrants of the 
directors of the district to which he is transferred. Provided 
further, any person transferring his property and children to an 
adjoining school district, for educational purposes, shall not 
have the right to vote for directors or tax out of his county, and 
to vote only in the political township in which he resides, lb., 
sec. 76, as amended by act March 30, 1883, sec. 1. 

Sec. 6235. The directors may permit a private school to be 
taught in the district school-house during such time as the said 
house is not occupied by a public school, unless they be other- 
wise directed by a majority of the legal voters of the district. 

Sec. 6236. They shall cause the public schools in their dis- 
trict to be closed on the days appointed for public examination 
of teachers in their county, and also cause the said school to be 
closed during the session of the teachers' institute. 

Sec. 6237. Directors and county examiners shall be exempt 
S3 



34 SCHOOLS AND SCHOOL LANDS. 

from working on roads and public highways, and from serving 
on juries, during their term of office. lb., sees. 77-79. 

Sec. 6238. Any director or other person whose duty it may 
become to report to the county court the per cent, of tax levied 
by any school district at an annual meeting, and who shall neg- 
lect or refuse to do so in the manner and at the time provided 
by law, shall be liable for all loss which may be sustained by 
such failure and for all costs, and shall be fined not less than 
ten nor more than fifty dollars. 

Sec. 6239. Within fifteen days after any special tax shall be 
voted by a school district at an annual meeting, it shall be the 
duty of the directors to furnish the county clerk with a certified 
list of all persons owning property in the district liable to pay 
such special tax. 

Sec. 6240. Any person whose duty it is to execute sections 
6216, 6239 or 6254, and who shall fail to do so, shall be fined 
not less than ten nor more than fifty dollars, and the same shall 
be paid into the county treasury. Act March 11, 1881, sees. 1, 3 
and 9. 

TEACHERS. 

Sec. 6241. Any person who shall teach in a common school 
in this state, without a certificate of his qualification and his 
license to teach, shall not be entitled to receive for such services 
any compensation from revenues raised by tax or in anywise 
appropriated for the support of common schools ; 'provided, that 
if his license expire by limitation during any school, such ex- 
piration shall not have the effect to interrupt his school, or to 
debar his claim against school revenues for the payment of 
teachers' wages. 

Sec 6242. Every teacher shall keep a daily register of his 
school in the manner prescribed by law, and indicated by the 
blank school register to be furnished by the director. at the com- 
mencement of his school. 

Sec 6243. it shall be the duty of each and every teacher to 
attend the public examination for teachers, to become members 



SCHOOLS AND SCHOOL LANDS. 35 

and attend the regular session of the teachers' institute as soon 
as the same shall have been established ; and no teacher, when 
attending examination or the institute, shall be charged for loss 
of time while necessarily absent from his school to attend such 
examination or institute. 

Sec. 6244. No teacher employed in any of the common schools 
shall permit sectarian books to be used as a reading or text- 
book in the school under his care. 

Sec. 6245. Any teacher who shall have complied with the 
provisions of this act shall be paid from the first money re- 
ceived into the county treasury to the credit of the district; and 
his claim shall not be superseded by any subsequent claim (f); 
and no money in the county treasury belonging to any district 
shall, so long as there is an;y such claim filed against the said 
district, be applied to any purposes whatever other than the 
payment of teachers' wages. Act Bee. 7, 1875, sees. 80-84. 

Sec. 6246. No teacher shall be entitled to the last month's 
pay for any school taught by him until he shall have returned 
to the directors of the district in which such school was taught 
the daily register furnished him, with all statistical work which 
teachers are by law required to perform, perfected and complete 
and no director shall otherwise issue an order for such last 
month's pay. Act March 11, 1881, sec. 4. 

TRESPASS ON SCHOOL-HOUSES, ETC. 

Sec. 6247. Any person who shall willfully destroy or injure 
any building used as a school-house, or for other educational 
purposes, or any furniture, fixtures or apparatus thereto belong- 
ing, or who shall deface, mar or disfigure any such building, 
furniture or fixtures, by writing, cutting, painting or pasting 
thereon any likeness, figure, words, or device, without the con- 
sent of the teacher or other person having control of such 
house, furniture or fixtures, shall be fined in a sum double the 
value of any such building, furniture, fixtures or apparatus so 
destroyed, and shall be fined in a sum not less than ten nor more 

(t) See Sec. 6251. 



36 SCHOOLS AKD SCHOOL LANDS. 

than fifty dollars for each o Sense for writing, painting, cutting 
or pasting in any such building, furniture or fixtures any such 
words, figures, likeness or device, to be recovered by civil action 
in any court of competent jurisdiction ; and the punishment 
provided in this section is in addition to, and not in lieu of, the 
punishment provided by the statutes for such offenses (*). Act 
Bee. 7, 1875, sec. 86. 

SCHOOL WARRANTS — DISBURSEMENT OF FUNDS, ETC. 

Sec. 6248. It shall be unlawful for county collectors and treas- 
urers to purchase, or otherwise be the owners of or interested, di- 
rectly or indirectly, in, any school warrant issued by any school 
director of the county in which they reside. 

Sec. 6249. The district school tax in each county may be pay- 
able and receivable in the warrants drawn by the directors of the 
school district in which a school tax may be levied by the county 
court. 

Sec. 6250. It shall be the duty of the county treasurer of each 
county to keep in his office a suitable and well-bound book, in 
which he shall register by number and in the order of presentation 
all district school warrants that may be presented to him ; this regis- 
tration to be made before the warrant is paid, and it shall show the 
date of the presentation of the warrant, by whom drawn, on what 
district, and in whose favor, and for what purpose drawn, the 
amount and date of the warrant, date of payment, and to whom 
paid ; and said book shall at all times be subject to the inspection of 
any tax-payer. 

Sec. 6251. It shall be the duty of the county treasurers, imme- 
diately upon the receipt by them of any school funds, to give notice 
of the amount and kinds of funds received, and from what sources 
received, by written or printed notices put up in two public places 
in each and every school district and at the court-house door, and 
the funds so received shall be paid out pro rata on the warrants 
registered in accordance with the provisions of the preceding sec- 
tion (f); provided, that application for such payment is made within 
thirty days from the giving of the notice herein required. 

(*) For an offense committed by insulting a teaeher in the presence of his pupils, see Sec. 1807, 
(t) See Sec. 6176. 



SCHOOLS AND SCHOOL LANDS. 37 

Sec. 6252. Any officer failing to comply with the retirements of 
this act, for each and every offense, shall be subject to indictment, 
and, if found guilty, shall be punished by a fine of not less than five 
hundred dollars and by confinement in the penitentiary of the state 
for a period not less than three nor more than twelve months. 

Sec. 6253. Any director who shall fraudulently issue any school 
warrant shall be guilty of a misdemeanor, and, upon conviction, 
shall be subject to the penalties enumerated in the preceding section. 
Act May 27, 1874. 

Sec. 6254. The county treasurer shall, on or before the first day 
of September each year, forward to the superintendent of public in- 
struction a certified statement showing the amount, in kind, of pub- 
lic school funds received by him; from what sources they were re- 
ceived ; how and for what purposes they have been disbursed, and 
what amount, in kind, remains in the treasury. Act March 11, 1881, 
sec. 8. 

Sec. 6255. The order of any board of directors, properly drawn 
after the passage of this act, other than those of single school dis- 
tricts in cities and towns, shall be presented to the treasurer of the 
proper county within sixty days after it was drawn by said board of 
directors. Provided, that if such order is not presented within the 
above specified time, it shall be rejected and become null and void. 
All such orders shall be paid in the order of their presentation. 

Sec. 6256. If there are no funds with which to pay such order, 
the treasurer shall endorse the same, "Not paid for want of funds," 
giving the date and signing his name officially. Within thirty days 
thereafter, the holder of such order shall present it to the county 
clerk, who shall issue to him a warrant for the amount of such order 
at par, payable only at the county treasurer's office, when iu funds 
to the credit of said district. He shall number and record each 
warrant in the book provided for such purpose, keeping a separate 
record for each district. Provided, that if such order is not pre- 
sented within the above specified time, it shall be rejected and be 
null and void (bb). Act Nov. 30, 1875, sec. 2. 

(bb) The first Section of this act was held unconstitutional in McCracken v. Moody, 33—81. 



38 SCHOOLS AND SCHOOL LANDS. 

VIOLATION OF SCHOOL LAWS — DUTY OF PROSECUTING ATTORNEYS. 

Sec. 6257. The prosecuting attorney of each judicial district 
shall., upon being satisfied that any violation of the school laws of 
this state has been committed by any officer or person, in any county 
of his district, which renders such officer or person so offending 
liable to any fine, pain, penalty or forfeiture for damage, without 
delay, institute in any court of competent jurisdiction such pro- 
ceedings as are necessary to bring such offender to trial, and secure 
to the county school district, or person damaged by such violation, 
the benefits and reliefs to which each or any of them may be entitled ; 
and for such services the prosecuting attorney shall be allowed the 
same compensation as he is allowed in cases of misdemeanor, which 
-hall be assessed against such offender as cost. Act March 11, 1881, 
sec. 10. 

SPECIAL ACT FOR THE REGULATION OF PUBLIC SCHOOLS IN CITIES 

AND TOWNS. 

Sec. 6258. Any incorporated city or town in this state, includ- 
ing the territory annexed thereto for school purposes, may be organ- 
ized into and established as a single school district in the manner 
and with the powers hereinafter specified. Act Feb. 4, 1869, sec. 1. 

Sec. 6259. Upon the written petition of twenty voters of such 
city or town, praying that the sense of the legal voters of said city 
or town may be taken on the adoption of this act for the regulation 
and government of the public schools therein, it shall be the duty 
of the mayor of such city or town, within five days after the presen- 
tation of such petition, to designate and fixa day, not less than seven 
nor more than fifteen days distant, for holding an election in said 
city or town for that purpose, and also for the election by ballot, at 
the same time, of a board of six school directors for said city or 
town. 

Sec. 6260. The mayor shall cause notice of said election to be 
given by posting notices in at least five public places in said city or 
town, and by one insertion in such newspapers as may be published 
in said city or town. The electors at said election desiring to vote 



SCHOOLS AND SCHOOL LANDS. 39 

in favor of the adoption of this act shall have written or printed on 
their ballots, " For the school law/'* and those opposed thereto shall 
have written or printed on their ballots, "Against the school law;" 
and, if a majority of the ballots cast at said election shall be "For 
school law," then, and in that case only, shall such city or town be 
deemed and held to be a single school district under and in pur- 
suance of this act, and the directors voted lor and elected at said 
election shall qualify and enter upon the discharge of their duties as 
hereinafter provided. 

Sec. 6261. Said election shall be held at the same places and 
conducted in the same manner as elections for municipal officers of 
said city or town; and the returns of said election shall be made to 
the mayor and aldermen of said city or town, who shall declare the 
result of said election ; and, if this act is adopted, they shall cause 
notice to be given to the persons elected directors. 

Sec. 6262. Immediately after receiving notice of their election, 
and taking the oath of office required of school directors, which oath 
shall be filed with the clerk or recorder of said city or town, said 
directors shall meet, and, by lot, determine the length of time of 
their respective terms of office. Two shall serve until the third 
Saturday in December next after their election, two for one year 
thereafter, two for two years thereafter, and on the third Saturday 
in December next after the first election, and annually "on that day 
thereafter, there shall be chosen, in the same manner, two directors, 
who shall serve for three years, and until their successors are elected 
and qualified. Said board shall fill any vacancy that may occur 
therein until the next annual election for directors, when such 
vacancy shall be filled by election. lb., sec. 2. . 

Sec. 6263. Said board of directors shall organize by choosing 
from their own number a president and secretary, who shall hold 
their offices until the last Saturday in December, and annually on 
that day said board shall meet and elect from their number a presi- 
dent and secretary, lb., sec. 3. 

Sec. 6264. Said board of directors shall hold a regular rneetinsr 
on the last Saturday in each month, and may hold stated meetings 
at such other times and places in said district as they may appoint ; 



40 SCHOOLS AND SCHOOL LANDS. 

four members of .said board shall constitute a quorum, but a less 
number may adjourn from time to time; special meetings thereof 
may be called by the president, or by any two members of the 
board, on giving one day's notice of the time and place of the 
same, and, in case of the absence of the president at any meeting of 
the board, a president pro tempore shall be chosen. The office of 
any member of said board, as such, who shall, without good cause, 
fail to attend three consecutive monthly or stated meetings of said 
board, may be declared vacant by the board. The board may make 
rules and regulations for their own government and for the dispatch 
and regulation of the school business and affairs of the district not 
inconsistent with law. lb., sec. 4. 

Sec. G265. Said board of directors shall have power to purchase 
or lease school-house sites, to build, hire or purchase school-houses, 
and to keep in repair and furnish the same with necessary seats, 
desks, furniture, fixtures and fuel, and to insure the same ; to fence 
the school grounds, erect out-houses, provide wells, and make all 
other improvements on the school-house grounds and school-houses 
belonging to the said district necessary and proper for the comfort, 
convenience and health of the scholars and the preservation of said 
property ; to hire teachers for all public schools of the district ; 
employ a superintendent of the schools, who may also be principal 
of any graded or high school that said board may establish ; to pro- 
vide books and apparatus for the schools, and the necessary blank 
books and stationery for the board, and school registers and the 
blanks for the teachers ; to establish and maintain a sufficient num- 
ber of primary, graded or high schools to accommodate all the 
scholars in said district (*); to determine the branches to be taught 
and the text-books to be used in the several schools of the district 
(t); to admit pupils not belonging to the district on such terms as 
they may agree upon with the parents or guardians of said pupils, or the 
district from whence they came ; to appoint a board of three visitors 
and examiners for the schools of the district, which board shall examine 
persons applying to teach in any of the schools in said district ; 

(*) But no tax for any purpose can now be levied by the county court without a vote of the 
electors of the district. Art. XIV, sec. 3. Const.; Cole v. BlacJcweU, 38 -271. 
(t) See Secs.6167, 6216. 



SCHOOLS AND SCHOOL LANDS. "41 

provided, no teacher shall be employed who does not hold a certifi- 
cate from the state superintendent or county examiner; to examine, 
from time to time, the books and the accounts of the county treas- 
urer, so far as the same relate to the several school funds belonging 
to the district; and when, in the opinion of a majority of the mem- 
bers of said board, the best interests of the district demand a sale or 
exchange of any real estate or school-house site belonging to the dis- 
trict, they may sell or exchange the same, the deed therefor to be 
executed by the president of the board upon a majority vote of the 
whole board of directors authorizing and directing such sale or ex- 
change, lb., see. 5. 

Sec. 6266. It shall be the duty of said board, as soon as the 
means for that purpose can be provided, to establish in said district 
an adequate number of primary schools, so located as best to accom- 
modate the inhabitants thereof; and it shall be the further duty of 
said board to establish in said district a suitable number of other 
schools of a higher grade, wherein instruction shall be given in 
such studies as may not be provided for in the primary schools; the 
number of schools, the grades thereof, and the branches to be 
taught in each and all of said schools to be determined by said 
board. It shall be the duty of said board to keep said schools in 
operation not less than three nor more than ten months in each year. 
The said board shall have power to make and enforce all necessary 
rules and regulations for the government of teachers and pupils in 
said schools. Said board shall also, separately or collectively, to- 
gether with such persons as they may appoint or invite, visit the 
schools in the district at least twice in each year, and observe the 
discipline, mode of teaching, progress of the pupils, and see that 
the teachers keep a correct register of the pupils, embracing the pe- 
riods of time during which they attend school, the branches taught, 
and such other matters as may be required by law or by the instruc- 
tions of the state superintendent. lb., sec. 6. 

Sec. 6267. No draft or warrant shall be drawn on the county 
treasurer, except in pursuance of an order of said board ; all 
drafts or warrants on the treasurer shall be signed by the presi- 
dent, or president pro tempore, and the secretary, and shall specify 



42 SCHOOLS AND SCHOOL LANDS. 

the fund on which they are drawn and the use for which the 
money is assigned. lb., sec. 8. 

Sec. 6268. The secretary shall record all the proceedings of 
the board in books kept for that purpose ; shall make and pre- 
serve copies of all reports required by law to be made to the 
state superintendent of public instruction or county examiner; 
shall file all papers transmitted to him pertaining to the busi- 
ness of the district ; shall make, or cause to be made, the annual 
enumeration of the youth of the district in the time and man- 
ner required by law of school directors, and shall perform such 
other duties as the board of directors may .order and direct ; 
and for his services may be allowed reasonable compensation, to 
be audited and allowed by a majority of said board. The other 
members of said board shall receive no compensation for their 
services. lb., sec. 9. 

Sec. 6269. The title of all real estate and other property 
belonging, for school purposes, to any city or town organized 
into a separate school district under this act shall vest, and 
hereby is vested, in said city or town, as a school district, and 
shall be under the management and control of the board of 
school directors for said district as fully and completely as other 
school property belonging to said district, lb., sec. 10. 

Sec. 6270. All school districts formed under and governed 
by this act shall be known by the name of the city or town con- 
stituting the district, with the words "School District of" pre- 
fixed thereto (as, for example, " School District of Little Rock"); 
and, by such name, may sue and be sued, contract and be con- 
tracted with, purchase, acquire, hold and sell property, receive 
gifts, grants and bequests, and generally shall possess and enjoy 
all the corporate powers usually possessed by bodies corporate 
of like character. The style of the board of directors for 
school districts under this act shall be, '"'Board of School Direc- 
tors." lb., sec. 11. 

Sec. 6271. The board of school directors of any district or- 
ganized under this act shall pay and discharge all debts and li- 
abilities lawfully incurred by the several school districts existing 



SCHOOLS AND SCHOOL LANDS. 43 

under previous law and embraced in the district organized un- 
der this act. lb., sec. 12. 

Sec. 6272. Any person elected a director under the provisions 
of this act who shall fail to take the oath of office and qualify as 
herein required, or who, after qualifying as such director, shall fail 
to perform and discharge the official duties incumbent upon him as 
a director, shall be liable to the same penalties that now are or may 
be hereafter provided by law against directors of school districts for 
failing or refusing to qualify, or for neglect of official duty, lb., 
sec. 13. 

Sec. 6273. The board of directors may fix the term of office 
and define the duties of the board of visitors and examiners of the 
public schools in their district, and any person appointed by the 
board of directors a member of said board of visitors and examiners 
who shall refuse to act as such, and discharge the- duties pertaining 
to such position, shall forfeit and pay to said district the sum of 
twenty-five dollars, to be recovered in civil action in the name of 
said district, and added to the teachers' fund belonging to said dis- 
trict. Provided, that no person shall be compelled to serve in that 
capacity more than three consecutive years. Said board of visitors 
and examiners shall receive no compensation for their services. lb., 
sec. 14. 

Sec. 6274. All school districts organized under this act shall 
have and receive their full proportion and distributive share of the 
general school fund of the state, in the same manner and according 
to the same rule as it is or may be apportioned to other districts. 
lb., see. 15. 

Sec. 6275. It shall be the duty 1 of the state superintendent and 
county examiners to make such suggestions and recommendations to 
the board of directors in relation to organizing and conducting the 
public schools in the districts organized under this act as they shall 
deem important. 

Sec. 6276. The provisions of the general school laws of the state 
which are now or may hereafter be in force, when not inapplicable, 
and so far as the same are not inconsistent with and repugnant to the 
provisions of this act shall apply to districts organized under this 



41 SCHOOLS AND SCHOOL LANDS. 

act ; and such provisions of said laws as are inconsistent with and re- 
pugnant to the provisions of this act, and inapplicable to districts 
organized thereunder, shall have no operation, force or effect in such 
districts. The county court shall annex contiguous territory to 
single school districts, under the provisions of this act, when a 
majority of the legal voters of said territory and the board of direc" 
tors of said single district shall ask, by petition, that the same shall 
be done. lb., sees. 16, 17. 

SCHOOL LANDS. 

Sec. 6277. Whenever the inhabitants of any congressional town- 
ship iu this state shall desire the sale of the sixteenth section of such 
township, or for any land substituted therefore, they may by written 
petition, signed by a majority of the male inhabitants of such town- 
ship, require the collector of taxes of the county wherein such school 
land is situated to sell the same. Act March 22, 1881, sec. 1. 

Sec. 6278. Upon the reception of such petition, the collector 
shall ascertain that it is signed by a majority of the male inhabitants 
of such township, and shall immediately proceed to divide the land 
into forty-acre tracts ; ai>d after making such division, a statement 
or plat of the same and number of each tract shall be made, so that 
the boundaries may be defined and ascertained, which statement or 
plat of the sections shall be used as a guide in advertising and selling 
said lauds. Provided, that the collector may, when necessity requires 
it, call the county surveyor of his county to assist in such survey and 
division; and he shall be allowed and paid, out of the interest of 
the funds arising from the sale of such school lands by the said col- 
lector, such compensation as he is allowed by law for similar ser- 
vices ; and the receipt of such surveyor to said collector shall be a 
sufficient voucher for the money so paid. Act April 12, 1869, sec 
4, and act March 22, 1881, sec. 2. 

Sec. 6279. In subdividing shoo! lands for sale, no tract shall 
contain more than forty acres ; and the division may be made into 
town or village lots, with roads, streets or alleys between them. lb., 
sec. 5. 

Sec. 6280. In all sales of school lands, such sales shall commence 



SCHOOLS AND SCHOOL LANDS. 45 

at the north-east corner tract, which shall be numbered one, and 
shall be made in tracts of not more than forty acres each, so long as 
there shall be as much as forty acres remaining to be sold. Act 
July 18, 1868, sec. 2. 

Sec. 6281. The collector shall cause each tract or subdivision of 
such school land to be appraised at a fair value by three disinter- 
ested house-holders of the county, each of whom shall take an oath, 
which shall be indorsed upon the appraisement, that he does not 
desire or intend to buy said land, or any part thereof, and that he 
will not, directly or indirectly, be or become interested in the pur- 
chase thereof at the sale to be made by the collector. Such appraise- 
ment shall be returned to the collector. 

Sec. 6282. The collector shall then give notice that he will sell 
the said school land at the court-house door of the county, on the 
first day of the next term of the county court, upon the terms pre- 
scribed by law. Such notice shall be published in some newspaper 
published in the county where the land is situated at least four 
weeks before the day of sale. If there be no newspaper published 
in said county, then the collector shall post up written notices in at 
least six of the most public places of the county four weeks before 
the day of sale. The collector shall also, in either case, put up a 
copy of the notice upon the school-house situated on the land, if 
there be one thereon; if not, at the most public place on the land. 

Sec. 6283. Upon the day of sale the collector shall offer the 
lands at public auction in separate subdivisions, beginning with 
number one and ending with the last mentioned division. Such 
sale shall be made between the hours of 12 m. and 3 p. m., but may 
be continued from day to day, at the same place and between the 
same hours, until all have been sold or offered. The sale shall be 
made upon the terms of one-fourth cash, the balance payable in one 
two and three years from date, in equal payments, bearing interest 
at the rate of eight per centum per annum from elate of sale until 
paid. The purchaser shall at once pay the cash payment and exe- 
cute and deliver to the collector his notes, payable to the treasurer 
of the county and his successors in office, for the deferred payments 
and interest. 



40 SCHOOLS AND SCHOOL LANDS. 

Sec. 6284. If any bidder shall fail to perfect his bid, by paying 
the cash payment and executing his notes, the collector shall im- 
mediately re-sell the land, and the bidder shall be responsible for the 
difference between his bid and the price at which the land sold, 
which may be recovered from him by the»collector in an action for 
the use of the township. 

Sec. 6285. No tract or subdivision shall be sold for less than 
three-fourths of its appraised value. If any tract offered is not sold, 
it may be offered again, upon like notice, upon the first day of the 
next or any succeeding term of the county court, and be so offered 
until sold, without a new petition. 

Sec. 6286. The purchaser shall not make merchandise of the 
wood on said land, or remove, or permit it to be removed or cut 
down, save for improvements on the land • and the bond and secu- 
rity shall be given for the faithful performance of this requirement 
until the full amount of the purchase money is paid. 

Sec. 6287. The collector shall, without delay, report all sales to 
the county court, which rray reject or confirm the same. If any 
sale be rejected, the court may order the collector to again advertise 
and offer the land, and may specify the minimum price at which the 
tract may be sold, not to be less than two-thirds of appraised value. 
If the sale be confirmed, the collector shall execute and deliver to 
the purchaser a certificate in the following form : 

"I, , collector in and for the county of 

certify that — has purchased lot No. , of section 

, in. township ', range , for the price of — dollars, 

of which he has paid cash dollars, and has executed his three 

notes, each for dollars, maturing at one, two and three years 

from this date, bearing interest at the rate of eight per centum per 
annum from date. If said notes and interest are paid at maturity, I, 

or my successor in office, will convey said lot of land to said 

; but if either of said notes be not paid at maturity, said 

shall surrender to me possession of said land, and 

shall forfeit his purchase and the money paid. A. B, 

" Collector of County.'" 

The purchaser shall thereupon be entitled to take possession of the 



SCHOOLS AND SCHOOL LANDS. 47 

land and to improve the same; but if be shall fail to pay either note 
at maturity, he shall forfeit his purchase and all money paid. If the 
sale be rejected by the county court, the collector shall return to the 
purchaser his notes and money. In all cases proper orders of con- 
firmation or rejection shall be entered of record by the court. 

Sec. 6288. Out of the cash payment the collector shall pay costs 
of advertising and costs of orders of confirmation or rejection of sale. 
He may also retain two percent, of the cash payment for his ser- 
vices. The residue of money and notes he shall deliver to the 
county treasurer, who shall keep the same separate as the property 
of the township to which the land belongs, under direction of the 
county. The treasurer shall lend all moneys belonging to town- 
ships in his hands, keeping each and the security for each separate 
by townships, taking as security for the money loaned a note, with 
one responsible person as security, and a trust conveyance of real 
estate worth, excluding improvements, at least double the sum 
loaned thereon ; interest thereon to be paid annually at ten percent. 
Loans may be made for five years, but on failure to pay any install- 
ment of interest, the principal shall become due, and the land taken 
as security shall be subject to sale for the payment thereof, whether 
so expressed in the deed or not. 

Sec. 6289. On the day that the apportionment of school funds is 
made by the county court, the treasurer shall report to the court the 
amount of interest in his hands belonging to each congressional 
township in his county, and the eourt shall apportion the interest so 
belonging to each township to and among the schools kept or taught 
in such townships. 

Sec. 6290. If any purchaser shall fail to pay his notes, or either 
of them, the treasurer or his successor in office shall at once notify 
the county collector of such default, and thereupon the collector 
shall immediately and without warrant or writ enter upon and take 
possession of the tract upon which . default of the purchase money 
has been made, and shall advertise and sell the same in the same 
manner that the sale in the first instance was made, except that no 
petition for sale shall be necessary. Provided, that if the purchaser 
shall pay the amount of the note due, all interest thereon, the cost 



48 SCHOOLS AND SCHOOL LANDS. 

of advertising and a fee of two per cent, of the amount due to the 
collector, upon or before the day of sale, the sale shall not be made, 
and the collector shall redeliver possession to the purchaser. 

Sec. 6291. When any purchaser makes full payment of all pur- 
chase money and interest, the treasurer shall give him a certificate 
that full payment has been made, and, upon presentation of such 
certificate to the county collector for the time being, the collector 
shall, at the expense of the purchaser, convey the tract mentioned in 
the treasurer's certificate to such Durchaser, his heirs and assigns. 

Sec. 6292. The county treasurer shall receive for his compen- 
sation two per cent, of the interest collected, and no more. Act 
March 22, 1881, sees. 3-10. 

Sec. 6293. As soon as practicable, the commissioner of state 
lands shall turn over to the county clerks of the several counties in 
this state all books, maps, papers, surveys and evidences of debt 
pertaining to the sixteenth section in the several counties, and all 
collectors shall pay over to the treasuries of their respective counties 
all funds in their hands, or that may come into their hands, arising 
from the sale of the sixteenth section. lb., sec. 11, as amended by 
act March 10, 1883. 

Sec. 6294. Where the county line runs through a congressional 
township, the sheriff shall pay over to the county treasurers of each 
of the counties in which a part of such township is situated a pro 
rata share of any moneys arising from the sale of the sixteenth section, 
according to the number of acres in each county so interested. Act 
March 10, 1883, sec. 2. 

PATENTS. 

Sec. 6295. When the purchaser of any portion of the common 
school lands has heretofore assigned, or may hereafter assign, the 
certificate of purchase of such land, the title thereof may be made 
directly to the last assignee of such certificate of purchase, upon full 
payment of all the purchase money and interest due on said land. 
Act April 12, 1869, sec. 10. 

Sec. 6296. If any person who shall have purchased any portion 
of the sections of school lands from the collector of any of the 



SCHOOLS AND SCHOOL LANDS. 49 

counties of this state, and paid one-fourth the purchase money there- 
for, and received a bond for title from such collector, shall die be- 
fore such payment is fully made, and the executor, administrator, 
guardian or legal representative of such deceased person shall pay 
or cause to be paid the balance, if any, that shall be due to the col- 
lector on said purchase, upon the certificate of the collector of the 
proper county that the whole of the purchase money, with all the 
interest due thereon, has been fully paid, the auditor shall forth- 
with execute a deed, as is now required by law, tc the heirs at law 
of such deceased person (J)., lb., sec. 11. 

Sec. 6297. The land thus conveyed to the heirs shall stand 
charged with the amount of money necessarily advanced to the 
school fund, in order to procure title, and shall, in other respects, be 
chargeable with the rights and incumbrances that would have at- 
tached had it decended regularly to the same heirs. lb. 

Sec. 629 S. All patents issued fur sixteenth section, or any part 
thereof, or common school land during the war of the rebellion, and 
all the official acts of the officers of this state, in regard to such 
lands, during the said war, and also all deeds made by the common 
school commissioners of the several counties in compliance with an 
act of the legislature of the state, entitled, " An act to relieve cer- 
tain citizens of Arkansas who purchased school lands," passed 
March 4, 1867, are hereby confirmed, ratified and made valid, and 
full faith and credit shall be given to said patents, deeds and official 
acts in all the courts of this state. Provided, nothing herein shall 
be construed to prevent the setting aside of any of said deeds or 
patents for actual fraud or mistake. 

Sec. 6299. Any right, title or interest which the State of Ar- 
kansas may have acquired, or holds by virtue of any judgment, de- 
cree, execution or sale of any court in this state, in lands for which 
patents or deeds have been made and issued as mentioned in section 
6298, is hereby vested in the proper owners thereof under such deeds 
or patents. 

Sec. 6300. The attorney representing the State of Arkansas is 
hereby instructed and required to dismiss all suits now pending for 

(t) See Sec. 6301. 

S4 



50 SCHOOLS AND SCHOOL LANDS. 

school lands where patents or deeds have been made therefor, as 
specified in section 6298, or if it does not appear on the face of the 
pleadings filed that such patents or deeds have been made, then the 
patent or deed may be pleaded in bar of the suit, or the court may 
dismiss the suit on exhibition and profert of such deed or patent ; 
and where judgment or decree has been entered, and sale has not 
been made, the state's attorney shall enter satisfaction in full thereof 
on the presentation to him of such deed or patent. 

Sec. 6301. If any purchaser of school lands shall have paid the 
purchase money thereof, and received no deed or patent therefor, or 
if any person now owing for school lands bought shall hereafter pay 
out his indebtedness therefor, and shall produce to the auditor satis- 
factory evidence of such payment, the auditor shall be, and he is 
hereby, authorized and required to execute to such person, or to his 
legal representative, a deed conveying all the right, title and inter- 
est of the State of Arkansas in such lands; but if payment has not 
been made before suit is begun, the purchaser shall also pay the 
costs of the suit. Provided, this act shall only apply to purchases 
ofschool lands made before the passage of this act. Act Dec. 14, 
1875. 

LEASE OF SCHOOL LANDS. 

Sec. 6302. All school lands in any county in this state suscep- 
tible of cultivation shall be leased by the county collector of said 
county from the first to the tenth of January in each year. Act 
April 10, 1869, sec. 12. 

Sec. 6303. The manner aud terms of leasing said lands shall be 
by public outcry to the highest bidder, the lessee paying one-half 
the amount of rent in cash at the time of leasing and the balance at 
the end of the year. lb. 

Sec. 6304. At least twenty days' public notice of the time and 
place of offering such lands for rent or lease shall be given by said 
collector by publishing the same in the newspapers of the county 
and by posting up hand bills at the most prominent points through- 
out the country, lb. 

Sec. 6305. If any school lands offered for rent or lease at the 



SCHOOLS AND SCHOOL LANDS. 51 

time and in the manner above indicated shall not bring such price 
as the collector shall think a reasonable rent therefor, he shall be 
authorized to rent the same by private contract for the ensuing year, 
or for a longer term if he shall deem it expedient. lb. 

Sec. 6306. The occupants of school lands prior to the passage 
of this act shall be required to pay a reasonable annual rental during 
the time said lands have been so occupied, lb. 

Sec. 6307. The lessees of school lands shall be subject to the 
same provisions governing the lessees of other property. Provided, 
that it shall not be rented for a less amount than was offered at pub- 
lic sale. lb. 



AMENDMENTS 



SCHOOL LAWS 



PASSED BY THE 



GENERAL ASSEMBLY — STATE OF ARKANSAS, 

SKSSION 1885. 



ACT XXX. 



AN ACT to amend section 6283 of the Revised Statutes of Arkansas. 

Section. 
1. Amends Section 6283 of the Revised Statutes. 

Be it enacted by the General Assembly of the State of Arkansas : 

Section 1. That Section 6283 be so amended as to read as fol- 
lows : Upon the day of sale the collector shall offer the lands at 
public auction in separate sub-divisions, beginning with number 
one and ending with the last mentioned division. Such sale shall 
be made between the hours of 12 m. and 3 p. M., but may be contin- 
ued from day to day, at the same place and between the same hours, 
until all have been sold or ofier[r]ed. The sale shall be made upon 
the terms of one-fourth cash, the balance payable in one, two and 
three years from date in equal payments, bearing interest at the rate 
of eight per centum per annum Irom date of sale until paid. The 
purchaser shall at once pay the cash payment and execute and deliv- 
er to the collector his notes, payable to the treasurer of the county, 
and his successors in office, for the deferred payments and interest, 
provided, that the purchaser may pay all such bid in cash, or may, 
at any time before maturity, pay off said notes with accrued interest. 
Provided, that such lands shall not be sold for less than one dollar 
and a quarter ($1.25) per acre. 
Approved February 27th, 1885. 



SCHOOLS AND SCHOOL LANDS. 55 

ACT LIII. 

AN ACT to authorize the County Courts of this State to place to the credit 
of the " Common School Fund " any and all school funds in the County 
Treasuries, whenever there is any doubt as to the proper placing of said 
funds. 

PREAMBLE. 

Misappropriation of County School Funds. 
Section. 

1. County Courts shall apportion to each School District its share ot the School Funds of 

county. \ 

2. The principal derived from sale of 16th section shall not be apportioned. 

3. All laws and parts thereof in conflict with this Act are repealed, and this Act in force 

from passage. 

Whereas, There exists certain school funds in the county treasury 
of many of the counties of this State, derived from various sources, 
about which there is some doubt with the County Courts as to their 
proper application ; and 

Whereas, These funds are, in many instances, deposited in banks 
and used in said banks as funds for the transaction of exchange 
business, and bring no interest to the School Fund, and in other 
instances said school funds have lain for years in the safes of 
county treasurers without any benefit accruing therefrom to the 
schools of said counties; and 

Whereas, It is utterly impossible for the County Courts to other- 
wise equitably appropriate said funds, unless relief in this direction 
is granted by the Legislature, therefore 

Be it enacted by the General Assembly of the State of Arkansas : 

Section 1. That the County Courts of the various counties in 
the State of Arkansas are hereby authorized and empowered to 
place to the credit of the Common School Fund of the county, any 
and all school funds that may be in the county treasury, derived 
from various sources, and about which there is any doubt as to their 
proper application with the County Court, and that said school funds, 
when so placed to the credit of the Common School Fund, shall be, 
by said County Courts, apportioned among the school districts of 
the county as is now provided by law. 

Sec. 2. The principal arising from the sale of the sixteenth 
(16th) section of land shall never be apportioned or used, and should 
any of the funds mentioned in this Act arise from the sale of said 



56 SCHOOLS AND SCHOOL LANDS. 

sixteenth (16th) section of land and there should be any doubt as to 
the township from whence it came, then such townships as have not 
disposed of the sixteenth (16th) section of land, or may have dis- 
posed of the same and have the proceeds placed to their credit, 
shall not be entitled to any part of the interest arising from said 
doubtful sixteenth (16th) section fund. 

Sec. 3. That all laws and parts of laws in conflict with this Act 
be, and the same are, hereby repealed, and that this Act take effect 
and be in force from and after its passage. 

Approved March 13, 1885. 



ACT LXIX. 



AN ACT to amend sections six thousand two hundred and sixty-two (6262), 
and six thousand two hundred and sixty-three (6263), of the Revised 
Statutes of Arkansas. 

Section. 

1. Amends section 6262 of revised statutes relating to school directors. 

2. Amends section 6263. 

3. Conflicting laws repealed, and this Act in force and effect from passage. 

Be it enacted by the General Assembly of the State of Arkansas : 

Section 1. That section six thousand two hundred and sixty- 
two (6262) of the Revised Statutes of Arkansas, be so amended as 
to read as follows: Immediately after receiving notice of their elec- 
tion and taking the oath of office required of school directors, which 
oath shall be filed with the clerk or recorder of said city or town, 
said directors shall meet and by lot determine the length of time 
of their respective terms of office. Two shall serve until the third 
(3) Saturday in May next after their election ; two for one year 
thereafter ; two for two years thereafter, and on the third (3rd) Satur- 
day in May next after the first election, and annually thereafter, 
there shall be chosen in the same manner two (2) directors, 
who shall serve for three years,and until their successors are 
elected and qualified. Said Board shall fill any vacancy that 
may occur therein, until the next annual election for directors, 
when such vacancy shall be filled by election. The ballot of the 



SCHOOLS AND SCHOOL LANDS. 57 

voter, in addition to the names of the persons voted for at 
said annual election, shall have written or printed on it the 
words : " For tax " or " Against tax," and the rate the voter 
desires levied. In other respects said annual election shall be gov- 
erned by the general school law. 

Sec. 2. That section six thousand two hundred and sixty-three 
(6263) be so amended as to read as follows : Said Board of Direc- 
tors shall organize by choosing from their own* number a president 
and secretary, who shall hold their offices until the last Saturday in 
May, and annually on that day said Board shall meet and elect 
from their number a president and secretary. 

Sec. 3 That all laws and parts of laws in conflict with this Act 
be, and the same are, hereby repealed, and that this Act take effect 
and be in force from and after its passage. 

Approved March 21, 1885. 

I 



ACT LXX. 

AN ACT to amend sections six thousand two hundred and fifty-five (6255) 
and six thousand two hundred and fifty-six (6256) of the Revised Statutes 
of Arkansas. 

Section. 

1. Amends section 6255 of theKevised Statutes, relating to orders on the treasurer for schoo 

funds. 

2. Amends section 625H, requiring warrants to be endorsed in case no funds to pay them. 

3. Conflicting laws repealed, and this Act in foice from and after passage 

Be it enacted by the General Assembly of the State of Arkansas : 

Section 1. That section six thousand two hundred and fifty-five 
(6255) of the Revised Statutes of Arkansas be so amended as to 
read as follows : The order of any board of directors, properly 
drawn after the passage of this Act, other than those of single school 
districts in cities and towns, shall be presented to the treasurer of 
the proper county within sixty days after it was drawn by said board 
of directors. All such orders shall be paid in the order of their 
presentation. 

Sec 2. That section six thousand two hundred and fifty-six 



58 SCHOOLS AND SCHOOL LANDS. 

(6256) of the Revised Statutes of Arkansas.be amended as to read 
as follows: If there arc no funds with which to pay such order the 
treasurer shall eudorse the same : " Not paid for want of funds," 
giving the date and signing his name officially. He shall number 
and record each warrant in the book provided for such purpose, 
keeping a separate record for each district, and shall pay said war- 
rants in the order of their number. 

Sec. 4. That all laws and parts of laws in conflict with this Act 
be, and the same are, hereby repealed, and that this Act take effect 
and be in force from and after its passage. 

Approved March 21st, 1885. 



ft ACT LXXXVH. 



AN ACT to amend section six thousand, two hundred and thirty-six (6236), 
of Revised Statutes of Arkansas, eighteen hundred and eighty-four 

(1884). 

Section. 

1. Amends section 0236 of ihe Revised Statutes, relating to duties of school directors 

2. Repeals conflicting laws and this Act in force from passage. 

Be it enacted by the General Assembly of the State of Arkansas : 

Section 1. That section six thousand, two hundred and thirty-six 
(6236), of the Revised Statutes of Arkansas, eighteen hundred 
and eighty-four (1884) be, and the same is, hereby amended so 
as to read as follows : The directors shall cause the public 
schools in their districts to^be closed on the days appointed for 
public examination of teachers in their county, and also cause 
the said school to be closed during the session of the Teacher's 
Institute ; Provided, That said schools shall not be closed for a 
greater length of time than five (5) days during any one session 
of not more than five (5) months. 

Sec. 2. That all laws and parts of laws in conflict with this Act 
be, and the same are, hereby repealed and this Act take effect 
and be in force from and after its passage. 
Approved March 27th, 1885, 



SCHOOLS AND SCHOOL LANDS. 59 

ACT CIII. 

AN ACT regulating the sale of the Sixteenth (16th) Sections, and to provide 
for the collection of all claims due the School Fund arising from the 
sales of said Sixteenth (16th) Sections and for other purposes. 

Section. 

1. Inhabitants of any Congressional township may petition for sale of sixteenth sections. 

2. Duties of Collector on receipt of petition. 

3. In subdividing no tract shall contain more than forty acres. 
i. Collector shall cause each subdivision to be appraised. 

5. Collector shall give public notice of time of saje. 

6. Collector shall offer each tract for sale separately. Sale shall take place between hours of 

12 in. and 3 p. m., and may be continued from day to day. No tract shall be sold for less 
than appraisement. If any tract remain unsold Collector may without petition sell again, 
giving notice of sale. 

7. Collector shall report sales to the County Court.— If sales not confirmed court shall direct 

Collector to advertise and sell again. Form of certificate to be- given purchaser. Com- 
missioner of State Lands shall make deed on presentation of certificate. 

8. Collector shall pay all costs of sales out of proceeds. 

9. County c'erks shall ascertain who are paying taxes on ICth sections. Other duties. 

10. County clerks shall keep the account of each township entitled to benefits from this Act. 

11. Penalty imposed on county clerk far failing to keep record. 

12. Authorizes Attorney- General to employ competent attorneys in each county to collect 

claims due on account of 16th sections. Other duties. 

13. State Treasurer shall place to credit of proper county all moneys received on account 16th 

section lands. 

14. State Treasurer to invest money and place accrued interest to credit of each county. 

15. Accrued interest may be drawn in same manner as now provided for by law. 

16. All evidences of indebtedness arising from sales of 16th sections shall be turned over to Com- 

missioner of State Lands. 

17. County Collectors and Treasurers shall turn over to State Treasurer all the moneys in their 

hands belonging to 16th section fund. 
IS. Commissioner of State Lands shall keep record of all deeds made for 16th section lands. 
19. Conflicting laws repealed and this Act in force from passage. 

Be it enacted by the General Assembly of the State of Arkansas : 

Section 1. Whenever the inhabitants of any Congressional 
township in this State shall desire the sale of the sixteenth (16th) 
section of such township, or of any land substituted therefor, they 
may, by written petition signed by a majority of the male inhabi- 
tants of such township require the Collector of taxes of the county 
wherein such land is situated to sell the same. 

Sec. 2. Upon the reception of such petition, the Collector shall as- 
certain that it is signed by a majority of the male inhabitants of 
such township and shall immediately proceed to divide the land into 
forty acre tracts, and after making such division, a statement or 
plat of the same and number of each tract shall be made so that the 



60 SCHOOLS AND SCHOOL LANDS. 

boundaries may be defined and ascertained, which statement or plat 
of the sections shall be used as a guide in advertising and selling 
said lands. Provided, that the Collector ma) 7 , when necessity re- 
quires it, call the County Surveyor of his county to assist in such 
survey and division, and he shall be allowed and paid out of the 
funds arising from the sale of such school lands by said Collector 
such compensation as he is allowed by law for similar services, and 
the receipt of such Surveyor to said Collector shall be a sufficient 
voucher for the money so paid. 

Sec. 3. In subdividing the sixteenth (16th) section lands for sale, 
no tract shall contain more than forty (40) acres, and the division 
may be made into town or city lots with roads, streets or alleys be- 
tween them. 

Sec. 4. The Collector shall cause each tract or subdivision of 
such school land to be appraised at a fair value by three (3) disinter- 
ested house-holders of the county, each of whom shall take an oath 
which shall be endorsed upon the appraisement that he does not de- 
sire or intend to buy said laud or any part thereof and that he will 
not directly or indirectly be or become interested in the purchase 
thereof at the sale to be made by the Collector; such appraisement 
shall be returned to the Collector. 

Sec. 5. The Collector shall then give notice that he will sell the 
said school lands at the Court House door of the county on the first 
day of the next term of the County Court upon the terms pre- 
scribed by law. Such notice shall be published in some newspaper 
published in the county where the land is situated at least four 
weeks before the day of sale. If there be no newspaper published 
in said county, then the Collector shall post up written notices in at 
least six (6) of the most public places of the county four weeks be- 
fore the day of sale. The Collector shall also in either case put up 
a copy of the notice upon the school-house situated on the land, if 
there be one thereon ; if not, at the most public place on the land. 

Sec. 6. Upon the day of sale the Collector shall offer the lands 
at public auction in separate subdivisions, beginning with number 
one (1) and ending with the last mentioned division. Such sale 
shall be made between the hours of 12 m. and 3 P. M., but may be 



SCHOOLS AND SCHOOL LANDS. 61 

continued from day to day at the same place and between the same 
hours until all have been sold or offered. The sale shall be made 
for cash. If any bidder shall fail to perfect his bid by paying the 
cash, the Collector shall immediately re-sell the land and the bidder 
shall be responsible for the difference between his bid and the price 
at which the land sold, which may be recovered from him by the 
Collector, in action for the use of the township and the Collector 
shall, if necessary, at once institute suit against such bidder to re- 
cover the amount of difference between his bid and the price at 
which the land sold. No tract or such division shall be sold for 
less than three-fourths of its appraised value. Provided further, 
that no tract or subdivision of the sixteenth (16) section lauds shall 
be sold at a less price than one dollar and twenty-five cents ($1.25) 
per acre. If any tract offered is not sold it may be offered again 
upon like notice, upon the first (1st) day of the next, or any succeed- 
ing term of the County Court and so on until sold without a new 
petition. 

Sec. 7. The Collector shall, without delay, report all sales to the 
County Court, which may reject or confirm the same. If any sale 
be rejected, the County Court may direct the Collector to again 
advertise and offer the land and may specify the minimum price at 
which the tract or tracts may be sold, not to be less than two-thirds 
(f) of its appraised value. Provided, that no tract or subdivision of 
the sixteenth (16th) section lands shall be sold at a less price than 
one dollar and twenty-five cents ($1.25) per acre. If the sale be 
confirmed by the County Court the Collector shall execute and de- 
liver to the purchaser a certificate in the following form : 

I, Collector in and for the county of , 

State of Arkansas certify that ..has purchased 

of section , in township , range.. , con- 
taining acres, at $ dollars per acre, and has paid to 

me in full the sura of $ dollars. The expense of 

this sale was : *'• 

Cost of advertising, $ 

Cost of order of confirmation, $ 

Cost of rejection of prior sale, $ '.. 



62 SCHOOLS AND SCHOOL LANDS. 

Surveyor's fee (if any), $ 

Collector's commission, ...per cent., $ 

Leaving a net balance of § 

in my hands due the sixteenth (16th) section fund account of 
this county. 

Now, therefore, upon the presentation of this certificate to the 

Commissioner of State Lands, the said , his heirs 

or assigns, shall be entitled to a deed from said Commissioner 
of State Lands for the tract of land above described. 

Collector of County. 

In all cases proper orders of confirmation or rejection shall 
be entered on record by the County Court. 

Sec. 8. Out of the money received by the Collector for the 
sale or sales of the sixteenth (16th) section lands, he shall pay 
the cost of advertising, cost of confirmation order, cost of rejec- 
tion of sale (if any), surveyor's fee (if any), and he may retain 
for his services two (2) per cent, of the gross amount received 
by him for the sale of such land ; the residue of the money re- 
ceived for the sale of said land, after deducting the expenses as 
are above provided for, he shall at once transmit to the Treas- 
urer of State, who shall place the amount to the credit of the 
county's sixteenth (16th) section fund to which it rightfully 
belongs. 

Sec. 9. That the county clerks of the several counties in 
this State shall examine carefully and closely the tax books of 
their respective counties and ascertain what person or persons 
are paying taxes on any part or parts or the whole of the six- 
teenth (16th) section lands, and it shall be the further duty of 
the county clerks after ascertaining from the tax books the names 
of any person or persons paying taxes on any of the sixteenth 
(16th) section lands, and the numbers of said lands, to examine 
the record of deeds and find by what authority and whether any 
title or titles vest in said person or persons in whose name or 
names said lands are assessed, and shall on or before the first 
Monday in September, eighteen hundred and eighty-five (1885), 



SCHOOLS AND SCHOOL LANDS. 63 

make and forward to the Commissioner of State Lands a full 
and complete statement of the exact status and condition of all 
of the sixteenth (16th) section lands in their respective counties. 
The county clerks shall be allowed the sum of forty dollars 
($40.00) each for their services in making this report, and it 
shall be paid to them by their respective counties. 

Sec. 10. That the county clerks of the several counties in 
this State shall keep in a well-bound book provided for that 
purpose, correct and accurate accounts with each and every 
township in their several counties, which may be entitled to 
any of the funds under this Act, and shall immediately after 
each and every sale of any part of said sixteenth (16th) sections 
certify to the Auditor of State the amount of moneys received 
by such collectors on account of such sales and the Auditor 
shall thereupon charge the same to such collector. 

Sec. 11. That a neglect, failure or refusal, by any county 
clerk to perform any and all duties enjoined upon him by the 
provisions of this Act, shall be deemed a misdemeanor and 
upon conviction thereof, such clerk shall be fined in any sum 
not less than one hundred dollars ($100.00), nor more than live 
hundred dollars ($500.00), for each offense and may be removed 
from office. 

Sec. 12. That the Attorney-General of the State of Arkansas 
be, and he is hereby authorized and instructed to employ com- 
petent attorneys residing in the counties in which the lands 
are situated to collect all claims and notes due the school fund 
arising from the sale of the sixteenth (16th) section lands. Be- 
fore taking charge of any of such notes or claims, each of said 
attorneys shall be required to give bond for the faithful keep- 
ing, collecting and accounting for same, as provided for in this 
Act, in double the sum of the amount supposed to come into 
his hands, and such security as shall be approved by the Cir- 
cuit Judge of the Judicial Circuit in which said attorney resides, 
and such bond when approved shall be filed with the Commis- 
sioner of State Lands and the Commissioner of State Lands 
shall, when such bond has been filed with him, turn over, or 



64 SCHOOLS AND SCHOOL LANDS. 

cause to be turned over to the said attorney, all notes and 
claims due the school fund pertaining to the sixteenth (16th) sec- 
tion lands. Said attorneys may retain as fees for collection, 
ten per cent, of the gross amount collected by them under the 
provisions of this Act. The remainder of said gross amount, 
after deducting their fees, as above provided for, shall be by 
said attorneys transmitted without delay to the Treasurer of 
State, who shall place the same to the credit of the sixteenth 
(16th) section fund of the county to which it rightfully belongs, 
and said attorneys shall prepare and forward to the Commis- 
sioner of State Lands a statement for each and every collection 
made by them, setting forth the name of the maker of the note 
or claim, the date of same, and dates of all previous payments 
(if any) made on such note or claim. 

Sec. 13. All moneys paid into the State Treasury arising 
from the sale or collection of notes and claims pertaining to the 
sixteenth (16th) section lands, shall be by the State Treasurer 
placed to the credit of the county's sixteenth (16th) section 
fund, to which said moneys may rightfully belong, and the 
Treasurer of State shall, for each payment to him on account 
of the sixteenth (16th) section fund, issue triplicate receipts, one 
of which receipts shall be filed with the Auditor of State, one 
filed with the Commissioner of State Lands and one given to 
the party making the payment. 

Sec. 14. The Treasurer of State shall, by, and under direc- 
tion of the Board of Commissioners of the Common School 
Fund, as soon as practicable after the receipt of any mone3 T s 
paid into the State Treasury on account of the sixteenth (16th) 
section fund, invest the same in either United States bonds or 
bonds of the State of Arkansas, and as interest accrues on 
said investment, he shall collect the same and place to the credit 
of the respective counties' sixteenth section fund ac- 
counts such interest on said investment, in the proportion to 
which each county is properly entitled. 

Sec. 15. That the interest, accruing to the several counties 
and townships, that may hereafter be in the State Treasury, 



SCHOOLS AND SCHOOL LANDS. 65 

shall be drawn out of the Treasury in the same manner as now 
provided by law for drawing other funds due counties, and 
when drawn shall be accounted for by the County Treasurer in 
the same manner as for other county funds thus drawn, and the 
County Court shall distribute and set apart to the proper town- 
ships all such sums and funds as shall be due such township, 
either from the sales of sixteenth (16th) sections in such town- 
ships, or from collections of notes belonging thereto. 

Sec. 16. That all notes, claims, bonds, papers or evidences of 
debt belonging to the school fund, arising from the sale or sales 
of the sixteenth (16th) section lands, in the hands of Count} 7- 
Collectors or other persons, shall be, within ninety days after 
the passage of this Act, turned over to the Commissioner of 
State Lands. 

Sec. 17% That all County Treasurers, Collectors or other per- 
sons having in their possession any funds arising from the sale 
or sales of the sixteenth (lGth) section lands, shall within ninety 
days after the passage of this Act, pay the same into the State 
Treasury, and the State Treasurer shall place the same to the 
credit of the respective counties' sixteenth (16th) section fund 
accounts to which said funds do rightfully belong. 

Sec. 18. That upon the presentation to the Commissioner ot 
State Lands of any certificate of purchase as specified in section 
seven (7) of this Act, the Commissioner shall execute to the 
purchaser a deed for the lands therein described, and shall keep 
a full and complete record of all such sales and of the deeds so 
issued, and it shall be the further duty of the Commissioner of 
State Lands to keep as correct records of sale or sales of the 
sixteenth (16th) section lands as the reports made to him from 
time to time may enable him to do. 

Sec. 19. That all Acts and parts of Acts in conflict with this 
Act be, and the same are hereby repealecf, and this Act to take 
effect and be in force from and after its passage. 

Approved March 31, 1885. 

S5 



APPENDi; 



Forms for tlie Use of School Officers. 



FORM /.—FORM OF NOTICE OF MEETING FOR THE EXAMINATION OF 
SCHOOL TEACHERS. 



Notice is hereby given that there will be a Public Examination of Teachers, at 

the days of A. D. 18..., to ascertain the Professional Qualifications of 

all persons desiring to teach in the Public Schools of , County. 



County Examiner. 
. County, Arkansas. 



FORM //.—DIRECTORS OATH. 



I, do solemnly swear (or affirm) that I will support the Constitu- 
tion of the United States, and the Constitution of the Stale of Arkansas, and that I will faithfully 
discbarge the duties of the office of upon which I am now about to enter. 

Sworn and subscribed to before me, this day of 18 



County Clerk. 

Remarks.— This Oath must be taken and subscribed before some competent officer or old direc- 
tor, within ten (10) days after the fifteenth (15th) of October, and filed in the office of the County 
Clerk. 



FORM ///.-ANNUAL REPORT, 



Of the Directors of District No , to the County Examiner of , 

County, State of Arkansas, for the School Year ending June 30, 18.... 



FORMS FOR SCHOOL OFFICERS. 69 



Number of White Pupils, between six and twenty-one years of age, enrolled in the Public 
Schools during the year ; Males ; Females ; Total 

Number of Colored Pupils, between six and twenty-one years of age, enrolled in the Public 
Schools during the year ; Males ; Females ; Total 

Total Number enrolled, both White and Colored: Males ; Females 

Total 

Average Number of each sex in daily attendance ; Males Females ; 

Total 

Total Number studying Orthography ; Reading ; Mental Arith- 
metic ; Written Arithmatic ; English Grammar 

Geography ; History ; Higher Branches 



TEACHERS. 

Grade Certificate, salary $ per month 

Grade Certificate, salary $ per month ; 

Grade Certificate, salary $ per month ; 

Grade Certificate, salary 5 per month ; 

Who'e amount paid Teachers during the year, $ 

Number of visits received from the Directors during the first term ; during the 

second term 

Number of days the school was taught by a licensed teacher 

SCHOOL-HOUSES ERECTED DURING THE YEAR. 

No. of Log ; Condition ; Cost I ; No. of Frame 

; Condition ; Cost $ ; No. of Brick ; 

Condition ; Cost 9 ; No. of Stone ; Condition 

; Cost$ .* No. of School-Houses previously erected ; Log ; 

Frame ; Brick ; Stone ; Condition ; 

Value! 

Value of all Other Property belonging to the District, $ ; Condition of School- 
House Grounds ; No. enclosed ; No. not enclosed , 

TAXES VOTED BY THE DISTRICT. 

For Salaries of Teachers $ ; For Purchase or Lease of Sites ; For 

Purchase, Erection or Hire of Houses ; For Repair of Houses and Grounds 

; For Fuel and Incidental Expenses ; For Furniture, Apparatus, 

Lights, etc., ; For Other Purposes ; Total Amount of Taxes Voted 

for 

FINANCIAL STATEMENT. 

Receipts : From State Apportionment $ ; From District Tax ; 

From Grants and Gifts ; From Sale or Lease of Houses or Sites 

From Other Sources t ; Total 

Disbursements : Amounts drawn from County Treasury ; For Salaries of Teachers $ ; 

For Purchase or Lease of Sites :....; For Purchase, Erection or Hire of Houses 

: For Repair of Houses or Grounds ; For Fuel and Incidental Ex- 
penses ; For Other Expenses ; Total Amount drawn from County 

Treasury during the year 

Revenues Remaining on Hand, subject to the order of the District ; Of State Apportionment 
f ; of District Tax ; of Grants and Gifts ; of Rev- 
enues derived from Sale or Lease of Houses or Sites ; of Revenues derived from 

Other Sources ; Total Amount remaining in the County Treasury, subject to the 

order of the District 



70 



FORMS FOR SCHOOL OFFICERS. 



STATE OF ARKANSAS, ) 

>ss. 
County of j We, 

Directors of School District No , County of , being duly sworn, 

state on oath that the foregoing report is in all respects a just and true statement of the statistics, 
affairs and transactions in said District, for the time and as te the matters therein mentioned, ac- 
cording to the best of our knowledge and belief. So help us God. 



Subscrib d and sworn to before me, this day of. 



Directors. 

...18 

J- P. 



REMARKS. 



Remarks. —The Board of Directors will transmit this blank properly filled out, to the County 
Examiner of their county, between the first and tenth days of September. 

A failure to do so will subject them to the liability of a fine of twenty-five dollars ($25.00), to 
be recovered by action against them, at the instance of the prosecuting attorney of his district. 



FORM IV.— ENUMERATION REPORT. 



The names, ages, sex and golor, of all persons residing in District No , in the 

County of , between the ages of six and twenty-one years; on the first day of 

September, 188..., are truly set forth in the following schedule : 





NAMES. 


WHITE. 


No. 


NAMES. 


COLORED. 


No. 


oJ 
to 


73 


73 

5 
<o 

fa 


OJ 

on 

< 


V 

73 


I 

fa 



















ENUMERATION REPORT.- Concluded. 
Deaf, Blind, Insane and Dumb. 



No. Insane. 


No. Deaf. 


No. Blind. 


No. Dumb. 


Total. 


NAMES. 


Age. 


POST-OFFICE. 



















Total Number White Males 

Total Number 'tyhite Females.., 

Aggregate 

Total Number Colored Males 

Total Number Colored Females.. 

Aggregate 

Total Aggregate 



FORMS FOR SCHOOL OFFICERS. 71 

STATE OF ARKANSAS, 

County of 

We 

Directors of School District No , County of , being duly sworn, 

state on oath that the foregoing report is in all respects a just and true statement of the statistics, 
affairs and transactions in said district, for the time and as to the matters therein mentioned, ac- 
cording to the best of our knowledge and belief. So help us God. 



Directors. 

Subscribed and sworn before me this day of 18 

J. P. 

Remarks. — Directors will p:epare this report between the first and tenth days of September, 
and copy it into their record book. A failure to do so will subject them to a fine of twenty-five dollars 
($25.00), and render them liable to the damages which their district may incur through their neg- 
lect. (See section seventy-four of the School Law.) " Thirteenth " in the seventeenth section of 
some copies of the Law, should be " Thirtieth." 



FORM F.-TFACHER'S CONTEACT. 

ARKANSAS. 



This agreement, Between. 



as Directors of District No , in the County of , State of 

Arkansas, and 

who agree to teach a Common School in said District, is as follows : 

The said Directors agree, upon their part, in consideration of the covenants of said Teacher 

hereinafter contained to employ the said 

to teach a Common School in said District, for the term of months, 

commencing on the , day of , A. D. 18 , to pay therefor in 

the manner, and out of the funds provided by law, the sum of dollars, for each 

school month. 

Said Directors further agree, that all the steps required or allowed by law to be taken by said 
District and its officers, to secure the payment of teachers' wages, shall be so had and taken 
promptly, and the requirements of the law, in favor of tile Teacher complied with by said District. 

The Teacher, on part, agrees to keep school open hours each 

school day ; keep carefully the Register required by law ; preserve from injury to the utmost of 

power, the District property ; give said school entire time, and best efforts 

during school-hours ; use utmost influence with parents to secuee a full attendance of 

00 eholars, and generally to comply with all the requirements of the laws of this State in relation to 

Teachers, to the best of ability. 

Signatures, 



Directors. 

Teacher. 

Date 18 

Place, 

Remarks.— A duplicate should be made out and given to the teacher. 

No Board should allow a teacher to commence school until a contract be properly signed by 
both parties. The Board should require the certificate to be presented when the coutract is sigDed. 



72 FORMS FOR SCHOOL OFFICERS 



No FORM VI. Grade No 

DEPARTMENT OF PUBLIC INSTRUCTION. 

Slate of Arkansas. 
TEACHER'S LICENSE. 

THIS IS TO CERTIFY, That 

having presented satisfactory testimonials of good moral character, has this day been examined in 
Orthography, Reading, Writing, Mental and Written Arihinetic, English Grammar, Modern Geo- 
graphy, History of the United States, and is hereby licensed to teach the same io the Public 

Schools of this State, within the limits of County, for the term of 

year months from the date hereof, unless sooner revoked. 

Given under my Hand, this .. day of A. D. 1S8 



County Examiner. 



STANDING. 



100 being taken as the Standard of Perfection. 

Orthography Writing Mental Arithmetic 

Modern Geography Reading English Grammar 

Written Arithmetic History of the United States 



FORM VII.— CERTIFICATE OF SCHOOL TAX LEVIED. 

Arkansas. 

Office of School Directors, District No 



.18. 



To the Honorable County Court of County, State of Arkansas. 

We hereby certify, that at a Meeting of the Voters of School DictrictNo to 

County, he d on the day of 18 , it was Voted that the sum of 

dollars be levied on the taxable properly in said District, for the following School 

purposes, to-wlt : 

Expenses of Teachers, - $ . 

Purchase or lease of site, - $ 

Purchase, erection or hire of site, - 8 

Repair of house or grounds, - - - $ 

Fuel, ----- - $ 

Furniture, ------ JJ 

Other | $ 

Purposes, j f, 

Total amount, - $ 



And your Honorable Body will please levy a tax on the taxable property of this District, suffi- 
cient to raise the above amount, in accordance to law. 
Attest : 



Signed, 

Chairman. 



Directors. 
Dated this day of 18... 

Remarks: — This certificate must be filed with the County Clerk on or before the first day of 
October in each year. 



FORMS FOR SCHOOL OFFICERS. 



73 



FOE3I YIIL— DIRECTOR'S ESTIMATE OF DISTRICT EXPENSES. 



electors of school district no , County of , State of Arkansas. 

We respectfully submit the following as our estimate of the expenses of the Public Schools in 
this District, for the term of three months during the present scholastic year, beginning the first of 
last July, and of the expense per month of continuing the schools longer than three months : 



AMOUNT NECESSARY 

For Teachers' Salaries, - 

For Purchase or Lease of Sites, - 

For Purchase, Erection or Hire of Houses, • 

For Kepair of Houses or Grounds, ' - 

For Fuel and Incidental Expenses, - 

For Furniture, Apparatus, Lights, etc., - - 

For Other Purposes, - 

Total, ----- 

Amount which we will probably receive from State Apportion- 
ment, - - 

Remainder to be raised by a District Tax, - 

Expense of continuing the Schools longer than Three 

Months at Dollars per Month, 

Total Amount to be raised by District Tax, 



The above estimate is respectfully submitted to your consideration and action. 



1 



Directors. 



Dated, May 18. 



FORM IX— OFFICE OF COUNTY EXAMINER. 



County, 18» 

Board of Directors, District No 

You will notify all Teachers holding certificates of qualification to teach in Public Schools, that 

aTeachers' Institute will be held at on the days 

of IS 

Also, that Sec. S2 of the School Law requires their attendance. 

Urge upon them the importance of attending. 



County Examiner., 



Remarks: — The importance of the teachers' institute^ is recognized by all leading Edu- 
cators. Teachers who expect to be effective, and who aspire to an honorable place in public favor 
and confidence, should miss no opportunity to equip themselves for their work. Directors are re- 
quested to urge upon Teachers the duty of attending, 

S6 



7-4 



FORMS FOR SCHOOL OFFICERS. 



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AMOUNT RECEIVED. 


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FORMS FOR SCHOOL OFFICERS, 75 

FORM AT.— DIRECTORS' WARRANT. 



No District School Fund, District No 

Treasurer of County, Arkansas : 

Pay to or order, 

the sum of 

For out of 

the Fund. 



Directors. 



FORM XII.— ANNUAL SCHOOL MEETING. 
* 

NOTICE. 



There will be an Annual School Meeting of the Electors of Scliooi]District No 

County, at 

the third Saturday in May, 18 At this meeting the following matters will be submitted to the 

consideration and action of the Electors of said District : 



It is desired that every Elector be present. 



Date, , IS 

Directors will please bear in mind that this uotice must be posted in three or more conspicuous 
places, at least fifteen days before the time of meeting ; and^that the objects of this meeting must be 
inserted in the appropriate blanks above, as provided for in section 69 of the present School Law 
of Arkansas. 






Lfi Fe '09 



